Law & Order (1990) s25e20 Episode Script
Once Burned
1
In the criminal justice system,
the people are represented
by two separate,
yet equally important groups:
the police, who investigate crime,
and the district attorneys,
who prosecute the offenders.
These are their stories.
[SIRENS WAILING]
[SOBBING] Help! Help!
Help, someone, please. We're trapped.
[BABY WAILING]
Shh.
[WAILING CONTINUES]
[POUNDING ON DOOR]
[FLAMES ROARING]
- Anyone here?
- [BABY WAILING]
Please, you have to help me!
- Come on.
- Through here.
Shh, shh, shh.
[INDISTINCT CHATTER]
Ma'am, I need you to calm down.
- We're gonna get you out.
- Please, you have to help us!
I need you to stand back.
Come on, come on. Let's go.
We don't have much time.
Go with them. We'll get you out.
Ma'am, with me. Let's go. Come on.
One's coming out!
[KNOCKING ON DOOR]
Anybody in there?
[UNSETTLING MUSIC]
Eyes down, Peralta!
Backdraft!
[GROANS]
[GROANING]
It was a backdraft.
You've been trained for this.
Sorry, Cap.
In this job,
there's no second chances.
Yes, sir.
[CAMERA SHUTTER CLICKING]
[POLICE RADIO CHATTER]
Vic is Clint Braddock,
captain of this ladder company.
I'm guessing this
is the murder weapon.
Halligan tool, fireman's best friend.
Not today.
You were the first on the scene?
Yeah.
Call came in a little after midnight.
One of the firefighters
who was staying in the house
came down and found him dead,
called 911.
Everyone else was upstairs asleep.
You know how many people
were in the house?
Nine, not including the captain.
They're all still here.
I've got unis taking their statements.
Any signs of forced entry?
No, but the back door to the kitchen
was standing wide open
when we arrived.
Hey, Vince. This is our guy, Braddock.
He was at Ground Zero on 9/11.
Led a team into Tower 2.
Man was a real-life hero.
[DRAMATIC MUSIC]
♪
We responded to a 10-75.
That's a structural fire.
It was an apartment building.
Things got pretty intense.
And you're the one who called 911?
Mm-hmm.
All right.
Can you tell us what happened?
When we got back,
everyone was pretty tired.
And you never know when
the next call is gonna come.
So we all went to bed,
but Captain stayed up.
He said he had some work to do.
What time was that?
Around 10:30, maybe.
But I couldn't sleep.
My adrenaline was still
pumping from the fire.
Anyways, around midnight,
I heard what sounded like
shouting from downstairs,
so I got up to see what was going on.
You see anything or anyone suspicious?
No.
Cap wasn't in his office.
So I came downstairs and saw
that the back door was open.
It was freezing.
That's when I knew
something was wrong.
So I searched the house,
and I found him.
Do you know of any problems
he was having?
Anyone who might have
wanted to hurt him?
No.
The man wasn't just a legend.
He was the real deal.
He saved my life last night.
I spoke to the other
eight firefighters
who were at the station last night.
They all gave sworn statements
that they were asleep
and didn't hear or see
anything unusual.
Unhelpful.
Also, the same thing
about Braddock too.
Dude was a hero. Everybody loved him.
Okay, extra unhelpful, but still.
Any one of them could be the killer.
Well, theoretically, but there's this.
Security footage
from the back entrance
of the station shows Braddock
letting somebody in
at around 11:26 p.m.
No angle on the person's face?
Uh-uh.
And because of the hood
and the jacket,
you can't tell if it's a man
or a woman, but check this out.
20 minutes later,
they leave out the same door.
Now, that's 16 minutes
before the 911 call.
So looks like Braddock
knew his killer?
I mean, what about the murder weapon?
- Any prints?
- Dozens.
But they all track back
to members of Braddock's
ladder company, which tracks.
If you zoom in, mystery
person's wearing gloves.
So how does a guy beloved by everybody
end up with his head bashed in?
I wouldn't say everyone.
I've been going through
his text messages.
Looks like he was going through
a pretty nasty split from his wife.
- Sounds promising.
- And it gets better.
Braddock had her served
with divorce papers
yesterday afternoon.
[PENSIVE MUSIC]
Our understanding
is that the two of you
were having some marital problems?
You mean he was leaving me.
We read his text messages.
You seemed pretty upset.
Because I didn't want a divorce.
Because I loved him.
I would never.
♪
I had an affair.
It was a mistake.
I begged him to take me back,
but he couldn't.
I hoped that maybe with time, but no.
Where were you last night
around midnight?
I was a mess about the divorce papers.
So I had a few girlfriends over.
We drank some wine
and watched a movie.
Well, we'd like to get
those friends' contacts,
if that's all right.
Can you think of anyone who
had issues with your husband?
Well, yes, actually.
The day before yesterday,
a man came by the house.
I don't know what it was about,
but he and Clint
got into a fight on the front lawn.
You know who the man was?
No, he'd already taken off
by the time I came out.
I asked Clint what was going on,
but he didn't wanna talk about it.
I noticed the doorbell cam
on the way in.
Does that work?
Candace Newman's friends
all back up her alibi.
Apparently,
they watched "The Notebook."
Oh, God.
So she's a glutton for punishment.
And what about this guy she claims
got into an altercation with Braddock?
Yeah, I got the footage right here.
Why are you here? Leave.
Can we hear what
they're arguing about?
Too far away from the
camera to make it out,
but wait for it.
Our vic threw the first punch.
The only punch.
Leveled the guy with one swing.
So maybe our mystery man
showed up at the
station to even the score?
Well, I used the truck's
plates to pull the DMV records.
Belongs to a Steven Delvecchio, 52.
Lives in Yonkers.
What's the connection with Braddock?
Delvecchio was a 30-year FDNY veteran
assigned to Braddock's ladder
company until two months ago
when he retired.
Okay.
Well, let's find out why things
got physical between these two.
[KNOCKING ON DOOR]
[KNOCKING ON DOOR]
[SUSPENSEFUL MUSIC]
Theo.
- Is that smoke?
- [POUNDING ON WINDOW]
NYPD! Is anyone in there?
- The engine's running.
- It's not smoke.
That's exhaust.
[COUGHING] Find the door opener!
[COUGHING]
- You got it?
- I got it. Let's go.
Set him down here.
- Watch his head.
- I got him.
All right. Hey, Steven?
Steven.
Hey, we need an ambulance,
1461 Elmhurst.
Caucasian male, unconscious,
suspected carbon monoxide poisoning.
- [COUGHING]
- Hey!
Hey, hey, hey. Hey, can you hear me?
- Huh?
- [COUGHS]
- Hey.
- [COUGHS]
Steven! Steven!
You all right?
I'm sorry.
Hey, hey, it's okay. It's okay.
- I'm so sorry.
- It's all right.
All right, stay with me, all right?
We got you.
I can't live with what I've done.
I can't take the guilt.
♪
He's lucky you found him when you did.
I'm not sure he'd agree with you.
Right, so because this
was a suicide attempt,
we're required to hold him for
a 72-hour observation period.
I get it, but we'd like
to talk to him now.
Is he awake?
He is, but I'd really
rather you wait until after
the social worker has had
a chance to assess him.
Yeah, that's not gonna happen.
He's been through a lot today
already, and in his state
Listen, we're investigating a murder,
so if he's coherent, he's fair game.
[SIGHS]
I don't understand. Clint's dead?
Don't waste our time here, Steve, man.
- Come on.
- I'm serious. I didn't know.
Then why did we find you
in your garage
trying to take off for good?
I don't wanna talk about it.
You already did, Steven.
You don't remember?
You confessed.
You said you couldn't live
with what you had done,
that you were sorry.
I was talking about something else.
Yeah, sure you were.
We know you and Braddock were beefing
and that he knocked your ass out.
We saw the video. So what?
You show up the next day
to get some payback?
Maybe things went a little too far.
Maybe you swung a little too hard.
You don't understand.
Clint was one of my best friends.
We worked together for over 25 years.
I don't know about you,
but my best friend never
punched me in the face.
That's probably because you've never
done anything as bad as I did.
I was having some money troubles,
so a buddy of mine
set me up with a doctor
who was helping guys like me,
guys who were at Ground Zero,
get some extra cash.
- You worked 9/11?
- Yeah, I was with Clint.
It was a nightmare.
It was everything you
would imagine, but worse.
It's why the
World Trade Center Health Fund
covers treatment for PTSD.
But you didn't have PTSD,
did you?
[GRIM MUSIC]
A few months ago, Clint
figured out what was going on.
Out of respect for our friendship,
he didn't turn me in,
but I had to agree
to stop taking the cash and retire.
Even worse, he said
we were done as friends.
He didn't wanna
speak to me ever again.
So I went over to his house
to talk it out.
But, well, you saw how that went.
FDNY is the only family I ever
had that really mattered.
Now I have nothing.
So that's why I
So where were you last night
around midnight?
Getting piss blind drunk in a bar.
Duff's in Greenpoint.
Called the bar in Brooklyn.
Delvecchio's alibi checks out.
He was there until last call,
drowning his sorrows in whiskey.
Yeah, but we could
charge him with fraud
for stealing from the health fund.
The guy could actually benefit
from some mental health services,
which is sort of ironic
if you think about it.
True.
I had Yee go through
Braddock's computer.
She found an email
from a senior marshal
in the fire department.
He said he wanted to talk
to Braddock about something
"serious" in private.
So Braddock told him
to come by the station
later on that night.
It's the night of the murder.
We know that's you sneaking out
the back door of the
firehouse the night
Captain Braddock was killed.
I mean, you're correct. That's me.
But I'm not sneaking out.
I'm just leaving.
Oh, well, after you just left,
Captain Braddock was found
with his head cracked open.
I'm aware.
So it looks like you were the
last person to see him alive.
I can't have been
the last person because
he was fine when I left.
I'm telling you the truth.
I went to the firehouse
to discuss something
work-related with him.
Well, if you're discussing
something work-related,
then why all the cloak and dagger?
I mean, meeting at midnight?
We were discussing a delicate
matter, friend to friend.
Why not come forward when
you found out he got killed?
There was no point.
I don't know anything.
So I just kept my mouth shut.
So what did you come to see
Captain Braddock about
that evening?
Three weeks ago,
there was an electrical fire
at a jewelry store
in the diamond district.
Braddock's company put out the fire.
Jenca was the marshal
assigned to oversee the case.
Mostly just due diligence
stuff, you know?
Determining cause, assessing
damage, stuff like that.
But during the course
of his investigation,
Jenca discovered that
a $500,000 diamond necklace
that had been
reported lost in the fire
had actually been stolen,
and that Braddock and his crew
were the only ones
that had access to the scene.
Okay, but why was Jenca at
the fire station that night?
To give Braddock a heads-up, you know,
friend to friend, that one
of his guys might be a thief.
He gave Braddock a file
and then he took off.
According to Jenca, when he left,
Braddock was still very much alive.
We have the security footage.
We know no one else entered
the fire station that night.
So if Braddock was alive
when he left
The murderer was
already in the firehouse.
♪
These are the nine firefighters that
were staying at the station
the night of the murder.
We cross-checked them
against the prints
we pulled from the murder weapon.
Narrowed the list down to these five.
Any of them work
the jewelry store fire?
All five of them.
We reviewed their statements.
Didn't find any inconsistencies
or obvious omissions.
- That's interesting.
- What?
According to this personnel file,
one of these guys has
a prior felony conviction.
There you go.
Served three years for burglary.
Seems like a good place to start.
Diego Peralta.
He's the one who found
the body and called 911.
Told you everything I know.
I heard arguing, so I came downstairs.
Right, yeah,
you saw the back door open.
You found the body. We know all that.
We wanna talk to you
about something else.
You worked the fire
at Powell Brothers Jewelers
a few weeks back, right?
Why are you asking about that?
You know anything about a necklace
that got burned up in the fire?
Pretty expensive one?
Worth about 500 grand?
See, the people that
look into this kind of thing,
they think that maybe
the necklace wasn't destroyed
in the fire,
but that it was actually stolen
by one of the firefighters.
So we think maybe
Braddock talked to you.
Maybe you got upset.
I want a lawyer.
Well, we got phones
down at the station.
You can call one from there.
Come on.
Clammed up the second we asked him
about the jewelry store fire.
As his captain,
Braddock would have known
about his prior burglary conviction,
so once he got word
the necklace was stolen
Braddock confronts him,
Peralta panics,
grabs a Halligan, strikes Braddock
to keep him from reporting him.
And then calls 911 and
pretends he found him dead.
Can we prove that Peralta
stole the necklace?
No.
We looked into his finances,
but there's nothing suspicious.
We need more to charge.
But given his criminal history,
we might have enough probable
cause to get a search warrant.
How can you just
come into our home like this?
You have no right.
I'm sorry for the intrusion, ma'am,
but as you can see
from that document
I don't care what this says.
You're wrong.
- D would never.
- Mommy?
Oh. [SPEAKS SPANISH]
Mommy?
[TENSE MUSIC]
What's happening?
Nothing, baby.
These nice people
are just helping Mommy
look for something.
Where's Daddy?
He's at work.
- Putting out fires?
- That's right.
Come on, let's go outside and play.
♪
Any sign of the necklace?
[SIGHS] No, nothing yet.
If I'm being honest, I'm hoping that
maybe we got this wrong.
I found this in the dumpster
in the building's basement.
♪
So much for getting it wrong.
♪
Guess what we just found at the bottom
of your trash chute, Diego?
The FDNY file about the fire
at the jewelry store?
You know, the one that says that
that very expensive necklace
didn't burn up in the fire?
Braddock's buddy gave him that file
the night he was killed.
Yeah, right before, actually,
which means the only way
it ends up at your place
is if you took it.
It's got blood on it, too,
so we're having to test it.
But we both know
it's gonna be Braddock's.
So now this, Diego,
this is your opportunity
to come clean and confess,
and then maybe we can work
something out with the DA,
get him to go easy on you.
Don't say anything.
Look, my client has already
told you everything he knows.
Judges take these things
into consideration
when it comes to sentencing.
I mean, you don't cooperate now
With your criminal record?
He has nothing more to say.
[KNOCKING ON DOOR]
Lab confirmed it was
Braddock's blood on the file.
[SOLEMN MUSIC]
- Book him.
- Stand up, please.
Diego Peralta,
you're under arrest for murder.
How does the defendant plead?
Not guilty, Your Honor.
I'll hear you on bail, Ms. Maroun.
Your Honor,
the defendant brutally murdered
a national hero,
crushing
Captain Clint Braddock's skull
with the same tool Braddock used
to save an untold number of lives.
Your Honor, we believe that
the defendant killed Braddock
to cover up another crime
he had committed,
a theft of a diamond necklace
worth $500,000
from a scene of a fire.
Is he being charged with that as well?
Not at this time, but we believe
that he has access to the necklace
or the monies he received
from selling the necklace,
which makes him a flight risk.
As such, the people request remand.
My client has access to zero funds
because he didn't steal anything,
nor is he guilty of murder.
He's, in fact, the victim here.
Excuse me?
He's the victim.
Meaning what?
Meaning that Mr. Peralta did,
in fact, kill Clint Braddock.
But he did so because
he was in fear for his life.
This isn't murder, Your Honor.
It's self-defense.
[TENSE MUSIC]
♪
They're saying Peralta didn't
steal the diamond necklace.
Braddock did.
And Peralta was gonna turn him in,
which prompted Braddock to attack him.
So they're looking to
shift blame to the victim
and take advantage of
the fact that the dead guy
can't defend himself.
- How's our case?
- It's strong.
Peralta found the body
and lied to detectives
about what happened
on the night of the murder
on two separate occasions.
And when police searched
Peralta's home,
they found evidence
that had gone missing
from the crime scene
with the victim's blood on it.
Is there any evidence to support
his self-defense theory?
Any reason to think Braddock
might have stolen the necklace
- or gotten violent with Peralta?
- No.
Braddock's reputation
was beyond reproach.
There's not so much
as a blemish on his record.
The defendant, on the other hand,
served three years
in Fishkill for burglary.
Since when does the FDNY hire ex-cons?
It started in 2016.
Yeah, they relaxed admission
standards to boost diversity,
give deserving felons a second chance.
But Peralta cheated the system.
How so?
The program is only open to people
with one felony conviction.
Peralta has two, but one of them
was sealed because
he was 15 at the time.
Let's get it unsealed.
Oh, we already did.
Third-degree assault.
Third-degree?
This guy was beaten to a pulp.
Prosecutor pushed for first-degree,
but the victim didn't
wanna move forward,
so they gave him a deal.
So the defendant has a
history not only of stealing,
but of physical violence.
See if the judge will allow it.
You're suggesting that
Mr. Braddock's death somehow
resembles an assault my client
committed against
a bodega owner in 2009?
That bodega owner caught
the defendant stealing
burner phones for his street gang.
The actual assault occurred
when the bodega owner
attempted to alert law enforcement.
Not quite following the logic.
The People intend to prove
that the defendant murdered
Clint Braddock for
precisely the same reason
attempting to report the defendant's
criminal behavior to the authorities.
And to do that, we need to establish
how the defendant reacts
to this specific provocation.
So the State intends
to prove my client's animus
toward snitches.
Ms. Matos may think this is
a joke, but the People don't.
Your Honor, this is propensity evidence
in disguise.
Mr. Price is trying to use
the stigma of my client's
juvenile record to launder
the facts of the case
to fit the People's narrative.
And they're not just
doing it to the jury.
They did it with the search warrant.
Excuse me?
I move to exclude the
evidence from the search
of Mr. Peralta's home.
On what grounds?
As I said, the search warrant
improperly relied on my
client's criminal history
to establish probable cause.
So any evidence obtained
pursuant to the warrant
should be suppressed as
fruit of the poisonous tree.
Ms. Matos is conveniently
ignoring that the affidavit
also points out that
Peralta was present
on the night of the murder
and lied to police
in his initial interview.
So in conjunction with
that other evidence,
his priors are fair game
to establish probable cause.
Hmm.
I'm denying both motions.
Evidence related to the
warrant search is admitted.
The defendant's prior
convictions are not.
♪
Detective Riley,
you found this case file
while executing a search warrant
in the defendant's home, correct?
Yes, we found that in
a dumpster inside his building.
Please explain for the court
the contents of this file.
It's an assessment
by Fire Marshal Julian Jenca
that a diamond necklace had
been stolen from the scene
of a fire at a jewelry store.
Captain Braddock had that on
him at the time of the murder.
Detective Riley, when did you
first speak to the defendant?
At the scene.
He's the one who
found Braddock's body.
What did he say?
He said that he found Captain
Braddock dead and called 911.
Didn't say anything about
killing Captain Braddock
in self-defense?
No, he did not.
He did say that Captain Braddock
had saved his life earlier that
night at the scene of a fire.
Thank you. Nothing further.
Detective, you testified that
you searched Mr. Peralta's home.
Did you find the stolen
necklace in question?
No.
And I assume that you
explored the possibility
that he had already sold it.
Did you find any
irregular cash deposits
made to his bank account
or cash in his mattress
or the ceiling?
No.
And yet, the prosecution
is claiming that Mr. Peralta
committed this murder
to cover up his theft,
even though there is
absolutely no evidence
that he, in fact, stole the necklace.
Just because we didn't find it
- doesn't mean he didn't take it.
- True.
But here's the thing
that's so disturbing here.
You never bothered to investigate
my client's version of events.
You never searched
Captain Braddock's home.
To be clear, we didn't even hear
your client's version
of events until after
he was charged with murder.
And we did look into it.
We found no evidence whatsoever
pointing to Braddock.
Well, you never searched his home.
Didn't have a cause to.
Nothing further.
You visited Captain Braddock
on the night
of the murder, correct?
Yes, I was investigating
a taxpayer fire
at Powell Brothers Jewelry
near 47th and 5th.
Was knocked down by Braddock
and the defendant's station.
I found some troubling evidence
that I needed to discuss
with Captain Braddock.
What evidence was that?
Some missing merchandise, most notably
a very expensive necklace
that was comprised
of gold and diamonds.
Basic structure fire
can vaporize a diamond
and melt gold, but where they
kept this particular necklace
was outside of the hotspot.
So someone must have taken it.
Not just someone.
Based on everything, only time
it could have gone missing
was when Braddock's company
had the place locked down.
So that's why you met
with Captain Braddock
on the night of the murder?
Yeah, this kind of thing
could stain the department.
Braddock was a friend.
Figured we could put our heads
together and get ahead
of this thing, convince
the thief to come forward,
minimize punishment,
protect the department.
Everybody wins.
When you spoke that night,
what did Captain Braddock say?
He said I was full of it.
Didn't believe any of
his guys would dishonor
the department like that.
Only came around when
I showed him the evidence.
Then what happened?
He said he'd look into it.
And I left.
Thank you, Marshal Jenca.
Nothing further.
When Captain Braddock
said that he would
look into the theft, he never
mentioned my client
- by name, did he?
- No.
And as far as you know, the thief
could have been any
one of the firefighters
that tended to the fire that day,
including Captain Braddock.
Yes, I suppose,
but there's no way Braddock
You're an investigator, Marshal.
You follow evidence. I'll ask again.
Based on the evidence that
you collected, is it possible
that Braddock could have
stolen the necklace himself?
Yes, it's possible.
Thank you.
Nothing further.
Redirect, Your Honor.
Marshal Jenca,
can you tell us how long
Captain Braddock served in the FDNY?
27 years.
And in all that time, was there ever
so much as a hint of impropriety?
No.
As part of your investigation,
did you review the
personnel files of the men
in Captain Braddock's fire station?
Yes, of course.
How long had the defendant
worked in the FDNY?
- Six months.
- Six months.
And in these six months,
a $500,000 necklace
just so happens to disappear
Objection, Your Honor.
Withdrawn.
Nothing further, Your Honor.
[TENSE MUSIC]
Prosecution rests.
Mr. Price? I'm sorry to bother you,
but there's something
you need to know.
I'm pregnant.
I I can only imagine
that must make all of
this even more difficult.
No, you don't understand.
We have a son, Anthony.
Diego wasn't around when he was born.
He was in prison. It broke him.
So he turned himself around.
He tried to do good.
He wanted to be a role model
for Anthony and others.
That's why he became
a fireman in the first place.
I'm sorry, miss.
We really shouldn't be talking.
Diego knew I was pregnant.
He wouldn't have done anything
to risk going back to prison
and missing the birth
of his second child.
There's no way he did
what you're accusing him of.
He did his time.
He paid his debt.
Why won't you believe him?
[SOMBER MUSIC]
♪
[SIGHS]
My heart goes out to her.
Two months ago,
she had this beautiful family,
beautiful life.
Now it's on fire.
Sorry, pun not intended.
Look, I get it, but she
took a flier on the wrong guy.
Meaning what?
You wanna build a nice, happy family,
don't marry a guy
who likes to commit crimes.
Clint and I were friends
for over 25 years,
so I have no interest in helping you.
Your Honor, permission to
treat the witness as hostile.
So granted.
Mr. Delvecchio, on the
afternoon of February 27th,
you had an altercation with
Clint Braddock, didn't you?
Objection, Your Honor. Relevance.
It speaks to the reasonableness
of my client's self-defense claim.
We're establishing
he wasn't the only person
Clint Braddock attacked.
You wanna imply that
the victim in this case
is the one with
the propensity for violence.
Tread carefully, Mr. Price.
Your Honor, the incident in question
happened mere days before
Mr. Braddock's death.
It speaks to his state of mind
at the time of the incident.
Objection overruled.
Answer the question, Mr. Delvecchio.
We got into a fight, yeah.
But he didn't attack me.
No? What would you call this?
Wasn't as bad as it looked.
I understand why you'd wanna protect
your friend, Mr. Delvecchio,
but the fact is,
he assaulted you, didn't he?
- Yes.
- And two days later,
he did the same thing to my client,
someone he didn't have
25 years of friendship with
to hold him back.
Nothing further.
Mr. Delvecchio, we saw in the video
that Captain Braddock punched you.
Did he hit you again after that?
No, just the one time.
Outside of this incident,
did you ever know him
to be violent towards
you or anybody else?
No.
What were you two
arguing about that day?
I, um, I stole money from the
World Trade Center Health Fund,
and Clint knew about it.
[SOLEMN MUSIC]
Truth is, I deserve worse.
♪
Nothing further, Your Honor.
The witness is excused.
Ms. Matos.
Ms. Matos.
The defense calls Diego Peralta.
♪
I was sleeping.
Captain Braddock woke me up.
He brought me downstairs, asked
about the jewelry store fire.
Wanted to know what
I remembered about overhaul.
What did you say?
Braddock and me were
the last two inside.
We swept the northeast corner
of the building
and were on our way out
when he said he left his
thermal imaging camera behind.
Told me to wait while he doubled back.
Was only gone a minute,
and then we left.
And how did Mr. Braddock react?
Told me I was misremembering,
that he didn't leave
the thermal camera,
and that we were together
the whole time.
And he said that people were
going to be asking questions,
and we needed to have
our story straight.
That's when I realized
what was really going on.
Which was what?
He wanted me to give him an alibi.
But I couldn't do that.
I liked the captain,
but I couldn't risk
losing everything I have,
not for anyone.
How did Braddock respond?
He got mad.
Reminded me he saved my life,
which is true, but
To be clear, did Braddock confess
to stealing the necklace?
Not at first, but then
he told me he got MS
from breathing in debris
at Ground Zero, but the Health Fund
wouldn't cover the cost
of his treatment.
Said it wasn't fair and that insurance
had reimbursed the store anyway,
that it was a victimless crime.
I guess he felt like
he was owed something.
But you didn't budge?
No.
Then he started waving
this file in my face.
He said he could make it look like
it was me who took the necklace.
It would be his word against mine.
[CRYING] I didn't know what to do,
so I tried to leave and go upstairs.
But Braddock grabbed me,
and we started shoving.
And then he grabbed
the Halligan, and and I
♪
I wrestled it away, and
then he came at me again.
[SIGHS]
That's when you hit him.
Yes.
I wish I could take it back.
And I'm sorry.
[SIGHS]
But he gave me no choice.
I thought he was going to kill me.
So why not just say that to the police?
I panicked. I knew he was right.
No one would believe
the truth coming from me.
So I grabbed the file
and I stashed it with my stuff.
And then I opened the back door
to make it look like someone ran out,
and I called 911.
I know lying was wrong,
but I was scared.
And I thought I had no choice.
Thank you.
Nothing further, Your Honor.
Court will stand in recess
until tomorrow.
We'll reconvene at 9:00 a.m.
He was convincing,
especially when he said
no one would believe
the truth coming from him.
Well, now we get to ask why.
He opened the door, and
now we get to walk through it.
Thank you.
Peralta was right.
I just spoke with
Braddock's neurologist.
A few months before the murder,
he was diagnosed with
early-stage multiple sclerosis.
- Really?
- Yeah.
In his estimation,
it was environmental,
a result of Braddock's work
at Ground Zero.
But since the science
isn't there to prove it yet,
the health fund denied him benefits.
And yet no one else in Braddock's life
knew about this
his wife, his friends?
He must have chosen
to keep it a secret.
[SIGHS] And so he kept it from
everyone in his life but Peralta?
Which means
that means there's some merit
to Peralta's version of events
the night of the murder.
Yeah, I suppose.
But he could have found out before.
Or he could have overheard
a conversation with a doctor,
might even seen a medical bill.
You good?
Yeah, fine. I'll see you tomorrow.
I didn't know you had
a bottle stashed in here.
[CHUCKLES] It literally
just came with the office.
Something bothering you?
[SIGHS]
The idea that Braddock
stole the necklace
has never made any sense.
But now we know he was staring
down a mountain of medical debt
as a result of his service.
Doesn't mean he
committed grand larceny.
No.
But earlier today,
Peralta's wife asked me why
I didn't believe his story.
And if I'm being honest,
it's because I knew about
his prior convictions.
He also lied to the police.
Yeah, it's a thing a person might do,
knowing how we tend
to treat ex-felons.
That's true.
But we both know the best predictor
of future behavior is past behavior.
And other than
the two felonies years ago,
he's been a solid citizen,
he was a model inmate, parolee.
He mentored at-risk kids.
He was making the most
of his second chance.
That's past behavior.
That's recent past behavior,
which is more predictive
than distant past behavior.
And I didn't take any of that
into consideration.
You think Peralta
is telling the truth.
Not sure. How can we know for sure?
You can't. We weren't there.
All we can do is present the evidence
- and let the jury decide.
- Right.
We present the prior convictions.
We paint him out to be
an inveterate criminal
and let the jury nail his ass
to the cross.
Look, this job would
be easy if we knew
what really happened, but we don't.
We usually never do.
So we follow the law.
We play every card we have,
just like the defense does.
And we let the 12 people who
don't have a horse in the race
make the decision.
Yeah, I get it. Trust me.
But
if every sentence is a life sentence,
what's the point of rehabilitation?
[SOLEMN MUSIC]
Okay.
If you feel this strongly,
dismiss the case.
I can't do that. It's like I said.
I just I don't know.
Then you have to do
what you have to do.
♪
[SIGHS DEEPLY]
♪
Mr. Peralta, you testified
that you lied to the police
because you knew that no one
would believe your story.
Why wouldn't they believe you?
I don't know.
Is it because you have
a prior conviction
- for aggravated assault?
- Objection.
I'm responding to direct
testimony, Your Honor.
Objection overruled.
Or was it because of your
prior conviction for burglary?
Yes. I've served time in prison.
I've done things in my past
that I'm not proud of.
And I take full responsibility
for my actions.
I paid my debt to society.
But once you've done time,
there's no such thing
as benefit of the doubt.
Ladies and gentlemen of the jury,
these are photographs of Mateo Ortiz.
These were taken shortly after
the defendant assaulted him
for signaling a police officer
when he caught
Mr. Peralta shoplifting.
It was a long time ago.
I was 15, an angry kid
in a bad neighborhood.
I got mixed up with the wrong people.
You were 24 when you
were convicted of burglary.
And you did it again, didn't you?
But your captain figured it out.
- He confronted you.
- No.
Mr. Peralta, isn't it true
that you lied to the police
because you are the one
who stole the necklace?
Then you murdered Captain Braddock
to keep him from reporting you.
That the same man
who did this to Mateo Ortiz
did this to Clint Braddock.
Nothing to say, Mr. Peralta?
[SOFTLY] What's the point?
Your Honor,
please instruct Mr. Peralta
to address the court.
I said, what's the point?
I've already told you the truth,
and you've already decided
that you don't believe me.
[GRIM MUSIC]
♪
Nothing further.
♪
Madam Foreperson,
has the jury reached a verdict?
We have, Your Honor.
In the charge of murder
in the second degree,
we find the defendant,
Diego Peralta, guilty.
[CRYING]
- I didn't do this, Ruby.
- I know.
- I need you to know that.
- I know, mi amor.
I need you to know that.
And Anthony, you be strong, okay?
I love you.
I love you more than anything.
You make sure he knows that.
You make sure he knows
that I'm innocent.
- I promise.
- Tell him, please.
- I promise.
- Tell her.
And you tell our baby.
- I will.
- You tell her.
[SOBS]
[SOMBER MUSIC]
♪
sync & corrections awaqeded
[DRAMATIC MUSIC]
♪
[WOLF HOWLS]
In the criminal justice system,
the people are represented
by two separate,
yet equally important groups:
the police, who investigate crime,
and the district attorneys,
who prosecute the offenders.
These are their stories.
[SIRENS WAILING]
[SOBBING] Help! Help!
Help, someone, please. We're trapped.
[BABY WAILING]
Shh.
[WAILING CONTINUES]
[POUNDING ON DOOR]
[FLAMES ROARING]
- Anyone here?
- [BABY WAILING]
Please, you have to help me!
- Come on.
- Through here.
Shh, shh, shh.
[INDISTINCT CHATTER]
Ma'am, I need you to calm down.
- We're gonna get you out.
- Please, you have to help us!
I need you to stand back.
Come on, come on. Let's go.
We don't have much time.
Go with them. We'll get you out.
Ma'am, with me. Let's go. Come on.
One's coming out!
[KNOCKING ON DOOR]
Anybody in there?
[UNSETTLING MUSIC]
Eyes down, Peralta!
Backdraft!
[GROANS]
[GROANING]
It was a backdraft.
You've been trained for this.
Sorry, Cap.
In this job,
there's no second chances.
Yes, sir.
[CAMERA SHUTTER CLICKING]
[POLICE RADIO CHATTER]
Vic is Clint Braddock,
captain of this ladder company.
I'm guessing this
is the murder weapon.
Halligan tool, fireman's best friend.
Not today.
You were the first on the scene?
Yeah.
Call came in a little after midnight.
One of the firefighters
who was staying in the house
came down and found him dead,
called 911.
Everyone else was upstairs asleep.
You know how many people
were in the house?
Nine, not including the captain.
They're all still here.
I've got unis taking their statements.
Any signs of forced entry?
No, but the back door to the kitchen
was standing wide open
when we arrived.
Hey, Vince. This is our guy, Braddock.
He was at Ground Zero on 9/11.
Led a team into Tower 2.
Man was a real-life hero.
[DRAMATIC MUSIC]
♪
We responded to a 10-75.
That's a structural fire.
It was an apartment building.
Things got pretty intense.
And you're the one who called 911?
Mm-hmm.
All right.
Can you tell us what happened?
When we got back,
everyone was pretty tired.
And you never know when
the next call is gonna come.
So we all went to bed,
but Captain stayed up.
He said he had some work to do.
What time was that?
Around 10:30, maybe.
But I couldn't sleep.
My adrenaline was still
pumping from the fire.
Anyways, around midnight,
I heard what sounded like
shouting from downstairs,
so I got up to see what was going on.
You see anything or anyone suspicious?
No.
Cap wasn't in his office.
So I came downstairs and saw
that the back door was open.
It was freezing.
That's when I knew
something was wrong.
So I searched the house,
and I found him.
Do you know of any problems
he was having?
Anyone who might have
wanted to hurt him?
No.
The man wasn't just a legend.
He was the real deal.
He saved my life last night.
I spoke to the other
eight firefighters
who were at the station last night.
They all gave sworn statements
that they were asleep
and didn't hear or see
anything unusual.
Unhelpful.
Also, the same thing
about Braddock too.
Dude was a hero. Everybody loved him.
Okay, extra unhelpful, but still.
Any one of them could be the killer.
Well, theoretically, but there's this.
Security footage
from the back entrance
of the station shows Braddock
letting somebody in
at around 11:26 p.m.
No angle on the person's face?
Uh-uh.
And because of the hood
and the jacket,
you can't tell if it's a man
or a woman, but check this out.
20 minutes later,
they leave out the same door.
Now, that's 16 minutes
before the 911 call.
So looks like Braddock
knew his killer?
I mean, what about the murder weapon?
- Any prints?
- Dozens.
But they all track back
to members of Braddock's
ladder company, which tracks.
If you zoom in, mystery
person's wearing gloves.
So how does a guy beloved by everybody
end up with his head bashed in?
I wouldn't say everyone.
I've been going through
his text messages.
Looks like he was going through
a pretty nasty split from his wife.
- Sounds promising.
- And it gets better.
Braddock had her served
with divorce papers
yesterday afternoon.
[PENSIVE MUSIC]
Our understanding
is that the two of you
were having some marital problems?
You mean he was leaving me.
We read his text messages.
You seemed pretty upset.
Because I didn't want a divorce.
Because I loved him.
I would never.
♪
I had an affair.
It was a mistake.
I begged him to take me back,
but he couldn't.
I hoped that maybe with time, but no.
Where were you last night
around midnight?
I was a mess about the divorce papers.
So I had a few girlfriends over.
We drank some wine
and watched a movie.
Well, we'd like to get
those friends' contacts,
if that's all right.
Can you think of anyone who
had issues with your husband?
Well, yes, actually.
The day before yesterday,
a man came by the house.
I don't know what it was about,
but he and Clint
got into a fight on the front lawn.
You know who the man was?
No, he'd already taken off
by the time I came out.
I asked Clint what was going on,
but he didn't wanna talk about it.
I noticed the doorbell cam
on the way in.
Does that work?
Candace Newman's friends
all back up her alibi.
Apparently,
they watched "The Notebook."
Oh, God.
So she's a glutton for punishment.
And what about this guy she claims
got into an altercation with Braddock?
Yeah, I got the footage right here.
Why are you here? Leave.
Can we hear what
they're arguing about?
Too far away from the
camera to make it out,
but wait for it.
Our vic threw the first punch.
The only punch.
Leveled the guy with one swing.
So maybe our mystery man
showed up at the
station to even the score?
Well, I used the truck's
plates to pull the DMV records.
Belongs to a Steven Delvecchio, 52.
Lives in Yonkers.
What's the connection with Braddock?
Delvecchio was a 30-year FDNY veteran
assigned to Braddock's ladder
company until two months ago
when he retired.
Okay.
Well, let's find out why things
got physical between these two.
[KNOCKING ON DOOR]
[KNOCKING ON DOOR]
[SUSPENSEFUL MUSIC]
Theo.
- Is that smoke?
- [POUNDING ON WINDOW]
NYPD! Is anyone in there?
- The engine's running.
- It's not smoke.
That's exhaust.
[COUGHING] Find the door opener!
[COUGHING]
- You got it?
- I got it. Let's go.
Set him down here.
- Watch his head.
- I got him.
All right. Hey, Steven?
Steven.
Hey, we need an ambulance,
1461 Elmhurst.
Caucasian male, unconscious,
suspected carbon monoxide poisoning.
- [COUGHING]
- Hey!
Hey, hey, hey. Hey, can you hear me?
- Huh?
- [COUGHS]
- Hey.
- [COUGHS]
Steven! Steven!
You all right?
I'm sorry.
Hey, hey, it's okay. It's okay.
- I'm so sorry.
- It's all right.
All right, stay with me, all right?
We got you.
I can't live with what I've done.
I can't take the guilt.
♪
He's lucky you found him when you did.
I'm not sure he'd agree with you.
Right, so because this
was a suicide attempt,
we're required to hold him for
a 72-hour observation period.
I get it, but we'd like
to talk to him now.
Is he awake?
He is, but I'd really
rather you wait until after
the social worker has had
a chance to assess him.
Yeah, that's not gonna happen.
He's been through a lot today
already, and in his state
Listen, we're investigating a murder,
so if he's coherent, he's fair game.
[SIGHS]
I don't understand. Clint's dead?
Don't waste our time here, Steve, man.
- Come on.
- I'm serious. I didn't know.
Then why did we find you
in your garage
trying to take off for good?
I don't wanna talk about it.
You already did, Steven.
You don't remember?
You confessed.
You said you couldn't live
with what you had done,
that you were sorry.
I was talking about something else.
Yeah, sure you were.
We know you and Braddock were beefing
and that he knocked your ass out.
We saw the video. So what?
You show up the next day
to get some payback?
Maybe things went a little too far.
Maybe you swung a little too hard.
You don't understand.
Clint was one of my best friends.
We worked together for over 25 years.
I don't know about you,
but my best friend never
punched me in the face.
That's probably because you've never
done anything as bad as I did.
I was having some money troubles,
so a buddy of mine
set me up with a doctor
who was helping guys like me,
guys who were at Ground Zero,
get some extra cash.
- You worked 9/11?
- Yeah, I was with Clint.
It was a nightmare.
It was everything you
would imagine, but worse.
It's why the
World Trade Center Health Fund
covers treatment for PTSD.
But you didn't have PTSD,
did you?
[GRIM MUSIC]
A few months ago, Clint
figured out what was going on.
Out of respect for our friendship,
he didn't turn me in,
but I had to agree
to stop taking the cash and retire.
Even worse, he said
we were done as friends.
He didn't wanna
speak to me ever again.
So I went over to his house
to talk it out.
But, well, you saw how that went.
FDNY is the only family I ever
had that really mattered.
Now I have nothing.
So that's why I
So where were you last night
around midnight?
Getting piss blind drunk in a bar.
Duff's in Greenpoint.
Called the bar in Brooklyn.
Delvecchio's alibi checks out.
He was there until last call,
drowning his sorrows in whiskey.
Yeah, but we could
charge him with fraud
for stealing from the health fund.
The guy could actually benefit
from some mental health services,
which is sort of ironic
if you think about it.
True.
I had Yee go through
Braddock's computer.
She found an email
from a senior marshal
in the fire department.
He said he wanted to talk
to Braddock about something
"serious" in private.
So Braddock told him
to come by the station
later on that night.
It's the night of the murder.
We know that's you sneaking out
the back door of the
firehouse the night
Captain Braddock was killed.
I mean, you're correct. That's me.
But I'm not sneaking out.
I'm just leaving.
Oh, well, after you just left,
Captain Braddock was found
with his head cracked open.
I'm aware.
So it looks like you were the
last person to see him alive.
I can't have been
the last person because
he was fine when I left.
I'm telling you the truth.
I went to the firehouse
to discuss something
work-related with him.
Well, if you're discussing
something work-related,
then why all the cloak and dagger?
I mean, meeting at midnight?
We were discussing a delicate
matter, friend to friend.
Why not come forward when
you found out he got killed?
There was no point.
I don't know anything.
So I just kept my mouth shut.
So what did you come to see
Captain Braddock about
that evening?
Three weeks ago,
there was an electrical fire
at a jewelry store
in the diamond district.
Braddock's company put out the fire.
Jenca was the marshal
assigned to oversee the case.
Mostly just due diligence
stuff, you know?
Determining cause, assessing
damage, stuff like that.
But during the course
of his investigation,
Jenca discovered that
a $500,000 diamond necklace
that had been
reported lost in the fire
had actually been stolen,
and that Braddock and his crew
were the only ones
that had access to the scene.
Okay, but why was Jenca at
the fire station that night?
To give Braddock a heads-up, you know,
friend to friend, that one
of his guys might be a thief.
He gave Braddock a file
and then he took off.
According to Jenca, when he left,
Braddock was still very much alive.
We have the security footage.
We know no one else entered
the fire station that night.
So if Braddock was alive
when he left
The murderer was
already in the firehouse.
♪
These are the nine firefighters that
were staying at the station
the night of the murder.
We cross-checked them
against the prints
we pulled from the murder weapon.
Narrowed the list down to these five.
Any of them work
the jewelry store fire?
All five of them.
We reviewed their statements.
Didn't find any inconsistencies
or obvious omissions.
- That's interesting.
- What?
According to this personnel file,
one of these guys has
a prior felony conviction.
There you go.
Served three years for burglary.
Seems like a good place to start.
Diego Peralta.
He's the one who found
the body and called 911.
Told you everything I know.
I heard arguing, so I came downstairs.
Right, yeah,
you saw the back door open.
You found the body. We know all that.
We wanna talk to you
about something else.
You worked the fire
at Powell Brothers Jewelers
a few weeks back, right?
Why are you asking about that?
You know anything about a necklace
that got burned up in the fire?
Pretty expensive one?
Worth about 500 grand?
See, the people that
look into this kind of thing,
they think that maybe
the necklace wasn't destroyed
in the fire,
but that it was actually stolen
by one of the firefighters.
So we think maybe
Braddock talked to you.
Maybe you got upset.
I want a lawyer.
Well, we got phones
down at the station.
You can call one from there.
Come on.
Clammed up the second we asked him
about the jewelry store fire.
As his captain,
Braddock would have known
about his prior burglary conviction,
so once he got word
the necklace was stolen
Braddock confronts him,
Peralta panics,
grabs a Halligan, strikes Braddock
to keep him from reporting him.
And then calls 911 and
pretends he found him dead.
Can we prove that Peralta
stole the necklace?
No.
We looked into his finances,
but there's nothing suspicious.
We need more to charge.
But given his criminal history,
we might have enough probable
cause to get a search warrant.
How can you just
come into our home like this?
You have no right.
I'm sorry for the intrusion, ma'am,
but as you can see
from that document
I don't care what this says.
You're wrong.
- D would never.
- Mommy?
Oh. [SPEAKS SPANISH]
Mommy?
[TENSE MUSIC]
What's happening?
Nothing, baby.
These nice people
are just helping Mommy
look for something.
Where's Daddy?
He's at work.
- Putting out fires?
- That's right.
Come on, let's go outside and play.
♪
Any sign of the necklace?
[SIGHS] No, nothing yet.
If I'm being honest, I'm hoping that
maybe we got this wrong.
I found this in the dumpster
in the building's basement.
♪
So much for getting it wrong.
♪
Guess what we just found at the bottom
of your trash chute, Diego?
The FDNY file about the fire
at the jewelry store?
You know, the one that says that
that very expensive necklace
didn't burn up in the fire?
Braddock's buddy gave him that file
the night he was killed.
Yeah, right before, actually,
which means the only way
it ends up at your place
is if you took it.
It's got blood on it, too,
so we're having to test it.
But we both know
it's gonna be Braddock's.
So now this, Diego,
this is your opportunity
to come clean and confess,
and then maybe we can work
something out with the DA,
get him to go easy on you.
Don't say anything.
Look, my client has already
told you everything he knows.
Judges take these things
into consideration
when it comes to sentencing.
I mean, you don't cooperate now
With your criminal record?
He has nothing more to say.
[KNOCKING ON DOOR]
Lab confirmed it was
Braddock's blood on the file.
[SOLEMN MUSIC]
- Book him.
- Stand up, please.
Diego Peralta,
you're under arrest for murder.
How does the defendant plead?
Not guilty, Your Honor.
I'll hear you on bail, Ms. Maroun.
Your Honor,
the defendant brutally murdered
a national hero,
crushing
Captain Clint Braddock's skull
with the same tool Braddock used
to save an untold number of lives.
Your Honor, we believe that
the defendant killed Braddock
to cover up another crime
he had committed,
a theft of a diamond necklace
worth $500,000
from a scene of a fire.
Is he being charged with that as well?
Not at this time, but we believe
that he has access to the necklace
or the monies he received
from selling the necklace,
which makes him a flight risk.
As such, the people request remand.
My client has access to zero funds
because he didn't steal anything,
nor is he guilty of murder.
He's, in fact, the victim here.
Excuse me?
He's the victim.
Meaning what?
Meaning that Mr. Peralta did,
in fact, kill Clint Braddock.
But he did so because
he was in fear for his life.
This isn't murder, Your Honor.
It's self-defense.
[TENSE MUSIC]
♪
They're saying Peralta didn't
steal the diamond necklace.
Braddock did.
And Peralta was gonna turn him in,
which prompted Braddock to attack him.
So they're looking to
shift blame to the victim
and take advantage of
the fact that the dead guy
can't defend himself.
- How's our case?
- It's strong.
Peralta found the body
and lied to detectives
about what happened
on the night of the murder
on two separate occasions.
And when police searched
Peralta's home,
they found evidence
that had gone missing
from the crime scene
with the victim's blood on it.
Is there any evidence to support
his self-defense theory?
Any reason to think Braddock
might have stolen the necklace
- or gotten violent with Peralta?
- No.
Braddock's reputation
was beyond reproach.
There's not so much
as a blemish on his record.
The defendant, on the other hand,
served three years
in Fishkill for burglary.
Since when does the FDNY hire ex-cons?
It started in 2016.
Yeah, they relaxed admission
standards to boost diversity,
give deserving felons a second chance.
But Peralta cheated the system.
How so?
The program is only open to people
with one felony conviction.
Peralta has two, but one of them
was sealed because
he was 15 at the time.
Let's get it unsealed.
Oh, we already did.
Third-degree assault.
Third-degree?
This guy was beaten to a pulp.
Prosecutor pushed for first-degree,
but the victim didn't
wanna move forward,
so they gave him a deal.
So the defendant has a
history not only of stealing,
but of physical violence.
See if the judge will allow it.
You're suggesting that
Mr. Braddock's death somehow
resembles an assault my client
committed against
a bodega owner in 2009?
That bodega owner caught
the defendant stealing
burner phones for his street gang.
The actual assault occurred
when the bodega owner
attempted to alert law enforcement.
Not quite following the logic.
The People intend to prove
that the defendant murdered
Clint Braddock for
precisely the same reason
attempting to report the defendant's
criminal behavior to the authorities.
And to do that, we need to establish
how the defendant reacts
to this specific provocation.
So the State intends
to prove my client's animus
toward snitches.
Ms. Matos may think this is
a joke, but the People don't.
Your Honor, this is propensity evidence
in disguise.
Mr. Price is trying to use
the stigma of my client's
juvenile record to launder
the facts of the case
to fit the People's narrative.
And they're not just
doing it to the jury.
They did it with the search warrant.
Excuse me?
I move to exclude the
evidence from the search
of Mr. Peralta's home.
On what grounds?
As I said, the search warrant
improperly relied on my
client's criminal history
to establish probable cause.
So any evidence obtained
pursuant to the warrant
should be suppressed as
fruit of the poisonous tree.
Ms. Matos is conveniently
ignoring that the affidavit
also points out that
Peralta was present
on the night of the murder
and lied to police
in his initial interview.
So in conjunction with
that other evidence,
his priors are fair game
to establish probable cause.
Hmm.
I'm denying both motions.
Evidence related to the
warrant search is admitted.
The defendant's prior
convictions are not.
♪
Detective Riley,
you found this case file
while executing a search warrant
in the defendant's home, correct?
Yes, we found that in
a dumpster inside his building.
Please explain for the court
the contents of this file.
It's an assessment
by Fire Marshal Julian Jenca
that a diamond necklace had
been stolen from the scene
of a fire at a jewelry store.
Captain Braddock had that on
him at the time of the murder.
Detective Riley, when did you
first speak to the defendant?
At the scene.
He's the one who
found Braddock's body.
What did he say?
He said that he found Captain
Braddock dead and called 911.
Didn't say anything about
killing Captain Braddock
in self-defense?
No, he did not.
He did say that Captain Braddock
had saved his life earlier that
night at the scene of a fire.
Thank you. Nothing further.
Detective, you testified that
you searched Mr. Peralta's home.
Did you find the stolen
necklace in question?
No.
And I assume that you
explored the possibility
that he had already sold it.
Did you find any
irregular cash deposits
made to his bank account
or cash in his mattress
or the ceiling?
No.
And yet, the prosecution
is claiming that Mr. Peralta
committed this murder
to cover up his theft,
even though there is
absolutely no evidence
that he, in fact, stole the necklace.
Just because we didn't find it
- doesn't mean he didn't take it.
- True.
But here's the thing
that's so disturbing here.
You never bothered to investigate
my client's version of events.
You never searched
Captain Braddock's home.
To be clear, we didn't even hear
your client's version
of events until after
he was charged with murder.
And we did look into it.
We found no evidence whatsoever
pointing to Braddock.
Well, you never searched his home.
Didn't have a cause to.
Nothing further.
You visited Captain Braddock
on the night
of the murder, correct?
Yes, I was investigating
a taxpayer fire
at Powell Brothers Jewelry
near 47th and 5th.
Was knocked down by Braddock
and the defendant's station.
I found some troubling evidence
that I needed to discuss
with Captain Braddock.
What evidence was that?
Some missing merchandise, most notably
a very expensive necklace
that was comprised
of gold and diamonds.
Basic structure fire
can vaporize a diamond
and melt gold, but where they
kept this particular necklace
was outside of the hotspot.
So someone must have taken it.
Not just someone.
Based on everything, only time
it could have gone missing
was when Braddock's company
had the place locked down.
So that's why you met
with Captain Braddock
on the night of the murder?
Yeah, this kind of thing
could stain the department.
Braddock was a friend.
Figured we could put our heads
together and get ahead
of this thing, convince
the thief to come forward,
minimize punishment,
protect the department.
Everybody wins.
When you spoke that night,
what did Captain Braddock say?
He said I was full of it.
Didn't believe any of
his guys would dishonor
the department like that.
Only came around when
I showed him the evidence.
Then what happened?
He said he'd look into it.
And I left.
Thank you, Marshal Jenca.
Nothing further.
When Captain Braddock
said that he would
look into the theft, he never
mentioned my client
- by name, did he?
- No.
And as far as you know, the thief
could have been any
one of the firefighters
that tended to the fire that day,
including Captain Braddock.
Yes, I suppose,
but there's no way Braddock
You're an investigator, Marshal.
You follow evidence. I'll ask again.
Based on the evidence that
you collected, is it possible
that Braddock could have
stolen the necklace himself?
Yes, it's possible.
Thank you.
Nothing further.
Redirect, Your Honor.
Marshal Jenca,
can you tell us how long
Captain Braddock served in the FDNY?
27 years.
And in all that time, was there ever
so much as a hint of impropriety?
No.
As part of your investigation,
did you review the
personnel files of the men
in Captain Braddock's fire station?
Yes, of course.
How long had the defendant
worked in the FDNY?
- Six months.
- Six months.
And in these six months,
a $500,000 necklace
just so happens to disappear
Objection, Your Honor.
Withdrawn.
Nothing further, Your Honor.
[TENSE MUSIC]
Prosecution rests.
Mr. Price? I'm sorry to bother you,
but there's something
you need to know.
I'm pregnant.
I I can only imagine
that must make all of
this even more difficult.
No, you don't understand.
We have a son, Anthony.
Diego wasn't around when he was born.
He was in prison. It broke him.
So he turned himself around.
He tried to do good.
He wanted to be a role model
for Anthony and others.
That's why he became
a fireman in the first place.
I'm sorry, miss.
We really shouldn't be talking.
Diego knew I was pregnant.
He wouldn't have done anything
to risk going back to prison
and missing the birth
of his second child.
There's no way he did
what you're accusing him of.
He did his time.
He paid his debt.
Why won't you believe him?
[SOMBER MUSIC]
♪
[SIGHS]
My heart goes out to her.
Two months ago,
she had this beautiful family,
beautiful life.
Now it's on fire.
Sorry, pun not intended.
Look, I get it, but she
took a flier on the wrong guy.
Meaning what?
You wanna build a nice, happy family,
don't marry a guy
who likes to commit crimes.
Clint and I were friends
for over 25 years,
so I have no interest in helping you.
Your Honor, permission to
treat the witness as hostile.
So granted.
Mr. Delvecchio, on the
afternoon of February 27th,
you had an altercation with
Clint Braddock, didn't you?
Objection, Your Honor. Relevance.
It speaks to the reasonableness
of my client's self-defense claim.
We're establishing
he wasn't the only person
Clint Braddock attacked.
You wanna imply that
the victim in this case
is the one with
the propensity for violence.
Tread carefully, Mr. Price.
Your Honor, the incident in question
happened mere days before
Mr. Braddock's death.
It speaks to his state of mind
at the time of the incident.
Objection overruled.
Answer the question, Mr. Delvecchio.
We got into a fight, yeah.
But he didn't attack me.
No? What would you call this?
Wasn't as bad as it looked.
I understand why you'd wanna protect
your friend, Mr. Delvecchio,
but the fact is,
he assaulted you, didn't he?
- Yes.
- And two days later,
he did the same thing to my client,
someone he didn't have
25 years of friendship with
to hold him back.
Nothing further.
Mr. Delvecchio, we saw in the video
that Captain Braddock punched you.
Did he hit you again after that?
No, just the one time.
Outside of this incident,
did you ever know him
to be violent towards
you or anybody else?
No.
What were you two
arguing about that day?
I, um, I stole money from the
World Trade Center Health Fund,
and Clint knew about it.
[SOLEMN MUSIC]
Truth is, I deserve worse.
♪
Nothing further, Your Honor.
The witness is excused.
Ms. Matos.
Ms. Matos.
The defense calls Diego Peralta.
♪
I was sleeping.
Captain Braddock woke me up.
He brought me downstairs, asked
about the jewelry store fire.
Wanted to know what
I remembered about overhaul.
What did you say?
Braddock and me were
the last two inside.
We swept the northeast corner
of the building
and were on our way out
when he said he left his
thermal imaging camera behind.
Told me to wait while he doubled back.
Was only gone a minute,
and then we left.
And how did Mr. Braddock react?
Told me I was misremembering,
that he didn't leave
the thermal camera,
and that we were together
the whole time.
And he said that people were
going to be asking questions,
and we needed to have
our story straight.
That's when I realized
what was really going on.
Which was what?
He wanted me to give him an alibi.
But I couldn't do that.
I liked the captain,
but I couldn't risk
losing everything I have,
not for anyone.
How did Braddock respond?
He got mad.
Reminded me he saved my life,
which is true, but
To be clear, did Braddock confess
to stealing the necklace?
Not at first, but then
he told me he got MS
from breathing in debris
at Ground Zero, but the Health Fund
wouldn't cover the cost
of his treatment.
Said it wasn't fair and that insurance
had reimbursed the store anyway,
that it was a victimless crime.
I guess he felt like
he was owed something.
But you didn't budge?
No.
Then he started waving
this file in my face.
He said he could make it look like
it was me who took the necklace.
It would be his word against mine.
[CRYING] I didn't know what to do,
so I tried to leave and go upstairs.
But Braddock grabbed me,
and we started shoving.
And then he grabbed
the Halligan, and and I
♪
I wrestled it away, and
then he came at me again.
[SIGHS]
That's when you hit him.
Yes.
I wish I could take it back.
And I'm sorry.
[SIGHS]
But he gave me no choice.
I thought he was going to kill me.
So why not just say that to the police?
I panicked. I knew he was right.
No one would believe
the truth coming from me.
So I grabbed the file
and I stashed it with my stuff.
And then I opened the back door
to make it look like someone ran out,
and I called 911.
I know lying was wrong,
but I was scared.
And I thought I had no choice.
Thank you.
Nothing further, Your Honor.
Court will stand in recess
until tomorrow.
We'll reconvene at 9:00 a.m.
He was convincing,
especially when he said
no one would believe
the truth coming from him.
Well, now we get to ask why.
He opened the door, and
now we get to walk through it.
Thank you.
Peralta was right.
I just spoke with
Braddock's neurologist.
A few months before the murder,
he was diagnosed with
early-stage multiple sclerosis.
- Really?
- Yeah.
In his estimation,
it was environmental,
a result of Braddock's work
at Ground Zero.
But since the science
isn't there to prove it yet,
the health fund denied him benefits.
And yet no one else in Braddock's life
knew about this
his wife, his friends?
He must have chosen
to keep it a secret.
[SIGHS] And so he kept it from
everyone in his life but Peralta?
Which means
that means there's some merit
to Peralta's version of events
the night of the murder.
Yeah, I suppose.
But he could have found out before.
Or he could have overheard
a conversation with a doctor,
might even seen a medical bill.
You good?
Yeah, fine. I'll see you tomorrow.
I didn't know you had
a bottle stashed in here.
[CHUCKLES] It literally
just came with the office.
Something bothering you?
[SIGHS]
The idea that Braddock
stole the necklace
has never made any sense.
But now we know he was staring
down a mountain of medical debt
as a result of his service.
Doesn't mean he
committed grand larceny.
No.
But earlier today,
Peralta's wife asked me why
I didn't believe his story.
And if I'm being honest,
it's because I knew about
his prior convictions.
He also lied to the police.
Yeah, it's a thing a person might do,
knowing how we tend
to treat ex-felons.
That's true.
But we both know the best predictor
of future behavior is past behavior.
And other than
the two felonies years ago,
he's been a solid citizen,
he was a model inmate, parolee.
He mentored at-risk kids.
He was making the most
of his second chance.
That's past behavior.
That's recent past behavior,
which is more predictive
than distant past behavior.
And I didn't take any of that
into consideration.
You think Peralta
is telling the truth.
Not sure. How can we know for sure?
You can't. We weren't there.
All we can do is present the evidence
- and let the jury decide.
- Right.
We present the prior convictions.
We paint him out to be
an inveterate criminal
and let the jury nail his ass
to the cross.
Look, this job would
be easy if we knew
what really happened, but we don't.
We usually never do.
So we follow the law.
We play every card we have,
just like the defense does.
And we let the 12 people who
don't have a horse in the race
make the decision.
Yeah, I get it. Trust me.
But
if every sentence is a life sentence,
what's the point of rehabilitation?
[SOLEMN MUSIC]
Okay.
If you feel this strongly,
dismiss the case.
I can't do that. It's like I said.
I just I don't know.
Then you have to do
what you have to do.
♪
[SIGHS DEEPLY]
♪
Mr. Peralta, you testified
that you lied to the police
because you knew that no one
would believe your story.
Why wouldn't they believe you?
I don't know.
Is it because you have
a prior conviction
- for aggravated assault?
- Objection.
I'm responding to direct
testimony, Your Honor.
Objection overruled.
Or was it because of your
prior conviction for burglary?
Yes. I've served time in prison.
I've done things in my past
that I'm not proud of.
And I take full responsibility
for my actions.
I paid my debt to society.
But once you've done time,
there's no such thing
as benefit of the doubt.
Ladies and gentlemen of the jury,
these are photographs of Mateo Ortiz.
These were taken shortly after
the defendant assaulted him
for signaling a police officer
when he caught
Mr. Peralta shoplifting.
It was a long time ago.
I was 15, an angry kid
in a bad neighborhood.
I got mixed up with the wrong people.
You were 24 when you
were convicted of burglary.
And you did it again, didn't you?
But your captain figured it out.
- He confronted you.
- No.
Mr. Peralta, isn't it true
that you lied to the police
because you are the one
who stole the necklace?
Then you murdered Captain Braddock
to keep him from reporting you.
That the same man
who did this to Mateo Ortiz
did this to Clint Braddock.
Nothing to say, Mr. Peralta?
[SOFTLY] What's the point?
Your Honor,
please instruct Mr. Peralta
to address the court.
I said, what's the point?
I've already told you the truth,
and you've already decided
that you don't believe me.
[GRIM MUSIC]
♪
Nothing further.
♪
Madam Foreperson,
has the jury reached a verdict?
We have, Your Honor.
In the charge of murder
in the second degree,
we find the defendant,
Diego Peralta, guilty.
[CRYING]
- I didn't do this, Ruby.
- I know.
- I need you to know that.
- I know, mi amor.
I need you to know that.
And Anthony, you be strong, okay?
I love you.
I love you more than anything.
You make sure he knows that.
You make sure he knows
that I'm innocent.
- I promise.
- Tell him, please.
- I promise.
- Tell her.
And you tell our baby.
- I will.
- You tell her.
[SOBS]
[SOMBER MUSIC]
♪
sync & corrections awaqeded
[DRAMATIC MUSIC]
♪
[WOLF HOWLS]