Raising the Bar (2008) s02e11 Episode Script
Bobbi Ba Bing
We both know I was just walking home from school, Jerry.
Like I'm gonna knock off a bodega carrying a chemistry textbook and "Tom Sawyer"? But the wrongful arrest isn't a defense for the jailhouse assault.
- Focus on the new case, right? - That's what's in front of us now.
What was I supposed to do? The Bloods were gonna kill me, beat up my little brother, or worse, man.
And if we have to go to trial, we'll bring all of that out.
"Have to"? What you mean? Duress is a tough defense.
The jury's gonna wonder why anyone who wasn't in a gang would stab someone who was.
Because they said they were gonna kill me if I didn't.
- I'm not the one you have to convince.
- Yeah, but you telling me you think we're gonna lose.
No, I think that if we don't work out a deal today, we're gonna be on trial.
And if that happens, you're risking an awful lot of years.
Nah, I just sit outside the liquor store, asking brothers for help.
The key is, once a man reach in his pocket, once a man reach in his pocket, you got to back him off real easy.
You know, just say, "it's cool, brother.
Just catch me on the way out.
" - Because? - Because if they know you're gonna wait, it's always a bigger pay.
The hanging-around makes you subject to the loitering laws.
Ah, the cops got to learn to respect a brother's initiative.
Man, the money ain't gonna come to you.
You got to chase the money.
Well, how about doing it at a different place? No, man.
That's my store, man.
That's my corner.
I ain't moving up off that.
My old apartment is right up the street from there.
Now they got some old dude living in it.
And you? Oh, hey, I live on the street with Whiskey.
With Whiskey? Whiskey, bro.
Half pit bull, half mutt.
They hate the hustlers, but they love the doggies.
Plus, he protects me when I sleep on the street.
Where is he? I gave him to this dude, dread, when they was arresting me.
So, if you can get me time served, I can go pick him up.
It's your sixth arrest for the same thing.
Um, with this judge, I don't think we'll get it.
No, you got to think positive, man.
It ain't gonna work otherwise, right? The judge wants to see a change.
Would you meet with a social worker? Man, I'll meet with the Pope if it'll get me out of here.
All right, good.
Well, then Hey, I'll set up a meeting, and I'll tell the judge you'll work with a social worker to help find you a place.
You know what, yo, um Don't get me wrong, man, but, you know, like, I dream of having a door and a roof, but I make $50 on a good day.
Plus, I don't know a shelter that's gonna let me bring Whiskey in, so Got to think positive, right? All right.
Docket ending 9221, people of the state of New York vs.
Frank Lewis, charged with 240.
35, loitering for the purposes of begging.
Richard Woolsey, office of the public defender.
Would the court consider time served here? It's the defendant's 6th arrest in 18 months.
All of which have been for the same minor infraction.
Not minor to the nearby store owners, Your Honor, who consider the defendant a menace and an impediment to business.
You have to admit, counselor, six is a lot of arrests.
Which is exactly why Mr.
Lewis has agreed to meet with our social-work staff in an effort to find housing and, perhaps, more stable employment.
Admirable.
But a bit too late.
Given the defendant's rather lengthy record, I offer 15 days jail.
15 days?! I gather that's a "no.
" Would the court consider releasing him on his own recognizance? No.
Bail is set at $250 cash.
Man, I ain't got no $250! Let's move it.
Oh, man.
I'm going to jail? We'll be in front of a different judge in five days.
Let me see what I can do.
And what about Whiskey? Damn.
"Bobbi Ba-bing" Richard, Bobbi, and Jeff are with the criminal division.
David, so far, is the civil side.
So, why do you want to do civil legal services? I'm a realist.
I see most of the legal system as an instrument of oppression.
How you doin'? I see you were a pretty man fellow.
You worked at winthrop, Walters your second summer? Have you ever considered becoming a prosecutor? Any kind of client you'd feel uncomfortable handling? So, if I have a woman charged with burning her kid and she gets acquitted, no problem with going to family court to get her kid back? What about domestic violence? Or a pedophile in a sex-offender registration hearing? Taking on big corporations and entrenched interests on behalf of the poor and disenfranchised? What could be cooler than that? Politics? Journalism? Community organizing? All great, but diffuse.
I like the law because it's sharp, it's pointy.
It lets you target specific problems and right specific wrongs.
You realize that no matter how hard we fight, we lose most of the time.
Right now, I've got a guy sitting in jail who can't afford the $250 bail for loitering for the purposes of begging.
They're not allowed to do that.
- Uh, they're doing it, I assure you.
- But that statute's unconstitutional.
I mean, 240.
35 was found to be an infringement on free speech.
When? And by whom? Judge Sweet.
Federal district court, 1992.
He said it was a blanket restriction on begging, and he struck it down.
It was even upheld by the second circuit.
Are you sure? I did a paper on it in my first-amendment clinic.
Ashley, would you mind waiting outside for a moment? Sure, yeah.
- So hired.
- Yes.
Bingo! "C" and 4.
- Four years? - Final offer.
- Going once, going twice - Just a second.
Let's look at the players here, the situation.
It's not that I'm not looking, bro.
We're just not seeing the same thing.
An honor student, president of the Lincoln-Douglas debate club jailed on a bogus, one-witness robbery.
Which I dismissed.
Yeah, four months too late to save him from the Bloods.
Your boy stuck a shiv deep enough in another inmate to puncture a lung.
- Under duress, Marcus.
- I'm not giving probation to a guy who stabbed another inmate.
Not another inmate.
A gang leader! - Is that supposed to make it better? - Come on, man.
You know what I'm talking about.
- How about six months and probation? - The number comes after "3," before "5.
" - A year of city time? - Nope.
If you're so convinced, spin it to a jury.
But, hey, that's what makes a market.
See you in court? Wha spoiled loser.
So, you think I should take the four years? On four years, you do three and a half, - take out the time you've been in - Right, yeah, I'll be out in less than three, right? Man, you know what they say about black folks? What? We like crabs in a bucket, man.
Always pulling down the one that's trying to get out.
And in here, they get to finally pull me back down, man.
3 more years, 5 more years, 20.
It don't matter, man.
I can't hold on no more, Jerry.
This shot man, this shot is all that I got.
My arms are tired of hanging on to that bucket rim, Jerry.
Okay.
Then we go to trial.
Man, if we win, maybe I can still turn it around, you know? But if we lose I'm already something I never wanted to be.
Court is now in session.
Judge Dominick Ventimiglia presiding.
Let's get this show on the road.
Motions in limine, gentlemen? Moving to preclude the defense from introducing any evidence concerning the prior case on which the defendant was incarcerated.
The fact that my client was even incarcerated is prejudicial.
To counter that, you have to let me show that he was in jail for a crime he didn't commit.
The facts of any previous cases are irrelevant to the question of whether he committed the assault while locked up.
I assume you intend to bring out where the assault occurred, Mr.
McGrath.
- Of course.
- Then I'm entitled to explain why he was there.
All right, gentlemen.
Mr.
Mcgrath is right.
The prior cases are collateral, so they're out.
Come on.
Your objection is noted.
Let's get a move on.
I was in the day room, and I heard an altercation.
What is the day room? It's a common area, open during the day when the cell doors are open.
Guys go in there to hang out or watch television.
What did you do? I turned around.
Went over to the corner of the day room to see what was going on.
And out of the corner of my eye, I saw Mr.
Obasi there walking away from Antonio Lozado.
What was Mr.
Lozado doing when you spied him? Just standing there holding his right side just below his rib cage.
He was bleeding.
And what did you do then? I called it in, sounded the alarm, and ran over to help.
What was Mr.
Lozado's condition when you got there? He seemed to be in pain, had trouble breathing.
Officer Hildebrand, you've been a corrections officer - for almost a dozen years.
- Yes.
Seen hundreds of jail fights in that time.
- Yes.
- In fact, inmates fight all the time.
- Too often.
- Because jail is a dangerous - and violent place.
- We try to keep a lid on that.
But you'd agree it remains a dangerous, violent place - despite your attempts to police it.
- Yes.
And sometimes, to survive in jail, one has to be tough, even violent.
It's possible, yes.
By the way, Mr.
Lozado has a tattoo under his right eye, correct? - Yeah.
- A dark blue teardrop.
That's right.
Do you know the significance of that particular tattoo? It's a gang thing.
It's supposed to mean he killed someone.
Okay, so, you got the decisions at both the district and appellate levels? Tabbed and highlighted.
- Pretty sweet move at the interview.
- That was just luck, really.
Yeah, I tend to think luck is about 90% effort.
Okay, honestly, I do, too.
So, ready for your first court appearance? Ha.
I'm just kidding.
I got it.
It's squarely on point, Your Honor.
The sole charge in the complaint is unconstitutional.
There are simply no grounds on which to hold or even charge Mr.
Lewis.
The people have never seen this decision.
We would just request that we'd have time to respond.
Consider all you like, Miss Ernhardt.
But on this one, I think they got you licked.
Motion granted.
Defendant released.
Case dismissed.
- I'm getting out? - Going home.
Say, man, you got you got bus fare? How about you catch me later? Yeah, here.
You know, you could come back to the office.
Oh, no.
I got to go find Whiskey.
I know what you're saying, but, you know, it's not too late to take me up on that social-worker offer.
You know what, I want to, but, you know what, keeping a job, finding a place to live, man, that kind of stuff just doesn't seem to work out for me.
So let us help.
Okay, you know, man, I've been on the street for six years, right? Long enough to look at myself and know that this is my life.
It's what I got.
And I just got to live with that.
I thought that prison assaults were hard to prosecute.
They are.
They don't ever want to testify.
Because? Because it's like Vegas whatever happens in Rikers, stay in Rikers.
- "Snitches get stitches.
" - Nice.
And yet yours is actually going to trial.
McGrath with the golden touch? No, no.
He is not Midas.
Lozado had a punctured lung.
He wanted to proceed.
Yeah, after you made it worth his while to proceed.
Tell 'em.
What'd you do? - What'd you offer? - You made a deal? 5 to 10.
For a guy serving a life sentence? Damn.
For that, imight testify.
Yeah, getting stabbed was the best thing that could have happened to his guy.
Yeah, I cut a deal because cracking down on prison violence is the only way to keep incarceration safe.
Hey, I'm all for the goal.
I'm just not sure about the method.
Look, say what you want.
But his client stabbed a lung with a sharpened toothbrush.
That is a bad fact.
And I'll sleep just fine having cut a deal to prosecute him for it, and I don't want to hear a word about duress, either.
Yeah, "the gangs made me do it" defense is weak.
My money is on us.
I don't know.
I think the gang stuff can be powerful.
- Got an expert? - Hey, are you giving him trial advice? It's not in front of my judge.
All I'm saying is if I was trying the defense case, I'd be on the phone with some sociologist specializing in prison culture and gang violence.
Great, that's just what I need, another defense attorney on the bench.
- You got someone? - Yeah.
Doris castillo at Columbia.
She gave a lecture at a judiciary seminar once.
Very impressive.
I think you might like her.
All right, Michelle.
I'm in.
How much? You can't bet on trials.
It's unseemly.
- Satisfaction of winning.
- You're on.
Now, you're sure you're old enough? I mean, I know you graduated from law school, but, you know, you could be, like, the doogie howser of law.
- I'm 24.
I promise.
- Okay.
So, Bobbi, you know.
The guy sitting across from her is Charlie Sagansky, judge Kessler's law secretary.
On the end, Marcus McGrath, - DA's office - Wait, isn't the blonde the ADA who tried to keep Frankie in jail? Michelle Ernhardt, DA's office, yeah.
Don't you just want to smack her? Sometimes, but, uh, you know, we all go way back.
In fact, Marcus and Jerry have been best friends since law school.
It's like that political guy Carville and his wife.
- What's her name? - Mary Matalin.
Yes.
How does he stand her? Come on.
You'll like them.
Really.
Actually, I don't think I'm quite ready to break bread with DAs.
Um, but thank you for the drink.
And today was great, really.
Hi.
Whoa.
Uh hi.
- You're here early.
- Really early.
Pretty much all night, in fact.
Did you know the lights go off at midnight? Yeah, you have to call maintenance.
- The number's up at the front desk.
- Yeah, I found it.
There's also a flashlight by Roz's couch.
Thanks.
I mean, I did go home eventually.
But I just kept thinking about the lawsuit.
- Lawsuit? - For Frankie.
It's only a draft, but I think it's pretty good.
Ashley, Frankie's either annoying liquor-story patrons or sound asleep at the corner of 139th and Lenox with his dog.
Okay, great, let's go up there, then, see him, get him to sign off.
Get him to sign off on what? The class-action lawsuit.
Frankie's gonna be the named plaintiff.
We're suing the city, the DA's office Uh, take a deep breath.
Um, this is the kind of thing we really need to run by Roz.
They arrested this man half a dozen times for a "crime" that wasn't a crime.
How else do you think we're gonna stop them from doing it again? Yeah, no, no, I All I'm saying is that, um, before we do anything, we really got to run it by the boss.
Okay.
And then we certify a class of all persons similarly situated.
- I understand the process, Ashley.
- A class action could be huge.
I'm talking thousands of plaintiffs, maybe millions of dollars.
- Yeah, just - What's the problem? A suit this big is likely to eat up all of our resources.
Okay, well, I can find more attorneys to help.
Or we hold off for now until the civil- action project is fully staffed.
- Once we get a few more lawyers.
- So you're saying no? I'm saying we have a client who needs us.
Let's try to take care of him, and then we'll consider the larger issues.
So you just want me to file the individual case? Actually, before you do, take the papers, go to the city's lawyers, tell them that we're about to sue them, and see what you can shake up without filing.
- Why don't you go with her? - Keep her on a short leash.
Short leash.
I was the duty captain stationed in the central control area.
About 1355, we received a call about a shanking.
- And what'd you do? - We sent in the emergency response team, removed the complaing witness for medical attention in North infirmary command, shut down the whole block, and conducted a full search.
And pursuant to that search, did you find anything? - Yes.
- What was that? A homemade shiv.
Where was that recovered from? 1316 Baker.
Mr.
Obasi's cell.
How many inmates per cell? Two, but Mr.
ObasI slept in the bottom bunk, which is where we got it from.
Thank you, captain.
Nothing further.
As a duty captain, you're responsible for the safety of both the inmates - and the staff, right? - Yes.
And during your shifts, it's your job to know what's going on in the cellblocks.
- Sure.
- So you know, for example, that gangs are a part of jailhouse life.
- Yes.
- In fact, DOC has an entire gang intelligence unit devoted to monitoring gangs and gang members.
- Yes, we do.
- And to your knowledge, was Jawara Obasi part of a gang? I don't believe so.
But Antonio Lozado sure was, right? - Yes.
- In fact, Antonio was a "third crown" of a gang called the Latin Kings.
I don't know about his rank.
I'm guessing that means redirect? Just one more thing.
Was is it your testimony that Mr.
Obasi was not a member of the Bloods? No, only that I had no specific intelligence to indicate that he was affiliated with that gang.
Then again, gang membership is fluid.
In your experience, do gangs usually recruit outsiders to do their dirty work? No.
They like to Keep it in the family.
$3,000? That's your offer? How much exactly do you think a jury is going to award a homeless alcoholic for a few days in jail? There are six separate unlawful arrests.
And we'll certainly be looking into the confusion over the legality of those charges.
The confusion? Uh, I'm sorry, it's not confusion when the police continue to knowingly use a criminal statute that a federal judge has struck down.
Do you really think that if, on any given night, someone offered your client 500 bucks to sleep in jail, he wouldn't have jumped at the chance? In your scenario, he has a choice.
We'll make it $3,500.
Take it to your client.
My guess is he'll appreciate the money a lot more than you do.
You can't pick off plaintiffs just because they're poor.
Well, I think, uh, we should all take some time and reconvene.
- We'll talk to our client.
- You know what? Try and settle this cheap, and I will have another plaintiff by tomorrow - and a dozen more by Monday.
- That would be a mistake.
- Okay, Ms.
Nusblatt.
- I've already taken steps to have this certified as a class-action lawsuit.
New York city has 17 divisions, over 700 lawyers in our law department.
- Thank you for your time.
- It's gonna cost you half a million - just to litigate.
- Ashley, be quiet.
And we'll drag it out so long your client will be dead or in rehab before he sees a cent.
And I'll call the press.
- What the hell was that?! - No pain.
No gain.
No, you completely blew it in there.
Did you see the look on that woman's face when I trotted out the class action? That was priceless! For you, maybe.
But where does that leave Frankie, huh? Where does that leave the statute? In the same place it was before we went in there.
No, you squandered an opportunity to make it better because you wanted to show how tough you could be.
You let your ego get in the way of our client's interest.
Wha Jerry, here's your expert in Jawara's case.
Thanks for rescuing me.
I was waiting out in the hall like an idiot.
- Professor Castillo? - "Doris.
" it's easier.
Jerry Kellerman.
Uh, get you anything, Doris? - No, I'm good.
Thanks.
- Okay.
Let's, uh, get you seated here.
I'm sorry.
Ah, you use my filing system whatever you can reach.
Yeah, sorry about that.
And I don't know why I thought for some reason that you'd be Older? Yeah.
It's my grandmother's name deceptive.
Ah.
I was named after my grandfather.
Oh, nice.
Something else we have in common besides our mutual friend.
Oh, did Charlie tell you that we're in the same Shakespeare group? - Somehow he left that out.
- Ah, you should come as a guest.
Wildest night of the month, I promise.
I'm sure.
Here.
Oh, great.
Okay.
We're gonna need some more room.
Yeah.
What do you say we hit the conference room, maybe order some food? Or we could just go out.
Great Chinese at hop-yee.
- I love that place! - All right.
- All right, hop-yee it is.
- Okay.
Come on.
Thank you.
In order to stave off a larger conflict, gangs will often recruit an unaffiliated member to carry out an assault.
Why? To avoid an all-out conflict.
The attacker becomes the focus of the revenge rather than the gang.
It's waging war by proxy.
In your experience, how does this happen? We've recorded multiple methodologies, because the situational use of violence is central to both the order and hierarchy of prisons.
Miss Castillo, in English? Sorry.
Generally, they'll beat the crap out of someone until they do what they're told.
Now, based on your experience and research, is it reasonable to be afraid of gang violence? It's hard to understate just how prevalent sexual and physical violence can be.
In fact, research suggests that there are actually more rapes inside a prison every year than outside.
Objection.
Let's keep it focused on the case at hand, Miss Castillo.
Sorry, judge.
My research suggests that weaker inmates, when faced with an environment where there is no escape and no safety, are quite likely to be forced into sex, violence, or both.
And one last thing in your research, did you become familiar with gang signs and rituals? - Yes.
- What does "blood in, blood out" mean? It's a credo of the Bloods.
You are beaten up on admission, and you only get out when you die or shed your blood for the gang.
Okay.
Thank you.
Hey, Nick.
Degenerates.
Nick.
I got a call from the law department.
About anything in particular? A class-action lawsuit about to be filed against the city, police department, and DA's office, alleging the DA's office pursued illegal charges? With all due respect, Nick, you did pursue illegal charges.
And the point of going to the law department before filing is to give all of you a chance to keep it quiet.
You should have come to me.
We don't go outside the sandbox.
We work things out boss-to-boss I thought you knew that.
Look, if I thought for a minute that the DA's office had the power to compensate Mr.
Lewis for wrongful arrest, false imprisonment, malicious prosecution - You underestimate me, Roz.
- Do I? Did it ever occur to you that I have the power to re-arrest your client and every other potential plaintiff and charge them with aggressive panhandling? You are threatening to retaliate for a lawsuit by arresting the plaintiffs.
Aggressive panhandling is a misdemeanor.
That's 90 days.
Not just 15.
And it's perfectly constitutional, too.
Stepped-up enforcement is a threat.
It's not a solution.
How about you address my real concerns here? - You want the loitering arrests to stop, right? - Yes.
- I can stop them.
- And compensation? You shelve the class action, get your client a conservator.
The arrests will stop today.
And I'll make sure your guy gets more than he deserves.
- You can do that? - Watch me.
Call me with numbers soon.
I will.
And next time pick up the phone.
The first beatdown was in the mess hall.
What happened? This kid everybody calls "jiggle" smashed me in the side of the head with a tray.
I went down, and everybody just started punching and kicking.
What did you do? Covered up.
The guards pulled me out, but my eye swelled shut, though.
Were you afraid? Since the day I went in.
Which was when? When I was wrongfully arrested for a crime I didn't - Objection! - Sustained.
Stricken.
Don't light a short fuse, Mr.
Kellerman.
Sorry, judge.
Jawara, did you know why they beat you? No.
they're taunting me like, "yo, look who's red on the inside.
Yo, Barack, you like that?" Barack? Why? Because Obasi was your last name? 'Cause I tried to keep my head down and make something of myself.
They thought I acted superior.
What did you do after the first beating? Asked the captain to move me.
- Did he? - No.
But three days later on the yard, these three kids grabbed me.
They beat me so bad, I couldn't even walk, man.
The COs, they had to carry me away.
So, now, after the second beating, did you try to get moved? Yes.
But it didn't work.
Those guys just kept coming around me like I was one of them, saying, "blood in, blood out.
" W what did you say? I never said even a word.
Jawara Why did you stab Antonio Lozado? After I got out of the infirmary, Jiggle comes by.
Except, um He starts talking about Idris, my little brother.
He said the next time it was not just gonna be me.
Um Idris is a good kid, you know? He's, uh, he's only 14.
Can you just, like, leave us alone?" And, uh He said, "you want to get out? You're gonna have to do something for us.
" Stab Antonio Lozado.
Yes.
I am so sorry.
Thank you.
So, you melted a razor blade into the end of a sharpened toothbrush.
Jiggle told me how.
- But you're not a Blood.
- No, sir.
And then you used that weapon to attack a high-ranking member of another gang.
Look, I was just trying to get out.
You said you tried to get transferred to another facility.
- Yes.
- But you didn't provide any specific information about who was threatening you.
I was afraid of being a snitch, okay? But in your own testimony, you said you were already being beaten.
Yes.
When you stuck that shiv in Mr.
Lozado, were you being beaten? Right then, no.
That day? No.
When you pulled out that blade, there wasn't a gang member pointing a gun at you, was there? - No, sir.
- In fact, there was no immediate threat whatsoever.
Correct? They said they were gonna beat me, maybe even kill me and hurt my little brother, man.
Your hand held that shiv.
No one else.
But I didn't have a choice.
Yes.
Actually, you did.
I didn't have a ch I can make you do crazy things confess your darkest secrets Betray your closest friends Run faster than you've ever run before.
I can make your heart pound, your hands tremble.
In my grip You'll do anything.
I Am fear.
How many times did he have to take a beating? How many black eyes? Cracked ribs? How many bruises? Threats? How many people had to ignore his desperate pleas for help before it became clear to Jawara Obasi that he'd been abandoned in a place where the only language was violence, a place where he had nowhere to turn? There's a word that describes the desperation, abandonment, and terror it takes to stab a murderous, violent gang leader in the middle of a cellblock.
That word is "duress.
" Responsibility is a simple concept.
It means accepting the consequences of the things that you do.
It is as central to an organized society as the freedom to act.
On a December day in cellblock 6 in the Manhattan detention complex, Jawara Obasi acted.
He pried a tiny razor blade out of a cheap, disposable razor, melted it into the end of a meticulously sharpened toothbrush, and thrust it so deep into Antonio Lozado, it punctured a lung.
Now, Mr.
Kellerman can try to blame prison conditions or gang violence for what Jawara Obasi did.
But those are excuses, not defenses.
Jawara Obasi chose to attack another inmate and say it wasn't his fault.
But it was.
No one had a gun to his head.
No one had a hand at his throat.
When he plunged that shank into Mr.
Lozado, the only hand on that weapon was his.
His shank His hand His fault His responsibility His crime.
So, I don't think I actually said I was sorry.
Apology accepted.
I just get pissed off, and then all of a sudden, my mouth moves faster than my brain and you have to learn to play the long game.
Which is why you totally folded on the class action? You realize you're doing it again, right? Right.
Sorry.
Actually, Frankie's getting a substantial settlement.
Yeah, but we really only helped one guy.
We punted on the larger issue.
Come with me.
- Why? Where are we going? - Just come on.
I don't like surprises.
You're gonna like this one.
Promise.
Hey.
I heard your summation rocked.
Let's hope the jury thought so.
- Good luck.
- Thanks.
You ever tried an arson 1? Uh, arson, sure.
An arson 1 with an incendiary device? Uh, what? Sorry.
Yeah, a molotov cocktail.
Why? What do you need? - I'm challenging the admissibility - Sorry.
Just a sec.
Hello? Hey, Doris.
Uh, no, no.
Still waiting.
Yeah, absolutely.
No, no, no, you were you were terrific.
Yeah, that sounds great.
Sure.
Perfect.
Okay, bye.
- Sorry.
You were saying? - Just forget it.
I'm sure you have more important things on your mind.
- It was a phone call.
- Just forget it, okay? What is with you? Jerry, your jury's back.
Better call Doris back.
I'm sure she'll want to know.
I I waited for you.
I wanted you and I waited for you.
You pushed me away, not the other way around.
Whiskey! Come here.
Come on.
Get down.
Hey, Frankie.
So, what do you think? Are you kidding, man? It's an apartment.
Yeah, well, could be your apartment.
That's what you say.
I'm still waiting to see how.
The court-appointed conservator took an advance against the settlement.
- And he's gonna pay my rent.
- And take care of other expenses.
You know, if you're careful, the 60 grand should cover you for 4, maybe even 5 years.
- So it's done? - Pretty much.
We'll get you a bed, some furniture from Nycha.
Man, I don't need all that.
Yeah, well, we're gonna get it for you anyway, okay? I want you to have a bed.
All I need is Whiskey, man.
You're sure he can stay here? It's right in the lease "one dog, not to exceed 100 pounds.
" So, what I got to do? Well, keep Whiskey under 100 pounds.
Just say you'll take it.
I'll take it.
I've been on the street so long, man.
I never thought I'd see me with my own place again.
Yeah, well Now you do.
Thank you.
Actually, thank her.
Thank you, miss.
Oh, I didn't do anything.
Just say, "you're welcome.
" You're welcome.
Will the defendant please rise? In the matter of the people of the state of New York vs.
Jawara Obasi, on the first count of the indictment, charging assault in the first degree, how does the jury find? We find the defendant Guilty, Your Honor.
Ooh, the sun is sinking low and the hour is getting late and you need something that I can't live without but I'll give it anyways you're really in trouble this time You found me.
You left me a map.
I'm glad you're here.
Your guy walk? You know those cases where months or years later, you're you're just, like, eating a sandwich and and you think, "damn, that guy's still in prison.
" Yeah.
Exactly.
- Ronaldo Vasquez, Branford Duncan.
- Jawara Obasi.
He's gonna be one of those.
- I'm sorry.
- It was a great defense.
And he couldn't have had a better lawyer.
Now you're just trying to make me feel better.
I think I can improve on that.
I thought I was gonna have to give up on you.
Well, I'm glad you didn't.
Are we gonna have to talk about this? I don't if you don't.
Like I'm gonna knock off a bodega carrying a chemistry textbook and "Tom Sawyer"? But the wrongful arrest isn't a defense for the jailhouse assault.
- Focus on the new case, right? - That's what's in front of us now.
What was I supposed to do? The Bloods were gonna kill me, beat up my little brother, or worse, man.
And if we have to go to trial, we'll bring all of that out.
"Have to"? What you mean? Duress is a tough defense.
The jury's gonna wonder why anyone who wasn't in a gang would stab someone who was.
Because they said they were gonna kill me if I didn't.
- I'm not the one you have to convince.
- Yeah, but you telling me you think we're gonna lose.
No, I think that if we don't work out a deal today, we're gonna be on trial.
And if that happens, you're risking an awful lot of years.
Nah, I just sit outside the liquor store, asking brothers for help.
The key is, once a man reach in his pocket, once a man reach in his pocket, you got to back him off real easy.
You know, just say, "it's cool, brother.
Just catch me on the way out.
" - Because? - Because if they know you're gonna wait, it's always a bigger pay.
The hanging-around makes you subject to the loitering laws.
Ah, the cops got to learn to respect a brother's initiative.
Man, the money ain't gonna come to you.
You got to chase the money.
Well, how about doing it at a different place? No, man.
That's my store, man.
That's my corner.
I ain't moving up off that.
My old apartment is right up the street from there.
Now they got some old dude living in it.
And you? Oh, hey, I live on the street with Whiskey.
With Whiskey? Whiskey, bro.
Half pit bull, half mutt.
They hate the hustlers, but they love the doggies.
Plus, he protects me when I sleep on the street.
Where is he? I gave him to this dude, dread, when they was arresting me.
So, if you can get me time served, I can go pick him up.
It's your sixth arrest for the same thing.
Um, with this judge, I don't think we'll get it.
No, you got to think positive, man.
It ain't gonna work otherwise, right? The judge wants to see a change.
Would you meet with a social worker? Man, I'll meet with the Pope if it'll get me out of here.
All right, good.
Well, then Hey, I'll set up a meeting, and I'll tell the judge you'll work with a social worker to help find you a place.
You know what, yo, um Don't get me wrong, man, but, you know, like, I dream of having a door and a roof, but I make $50 on a good day.
Plus, I don't know a shelter that's gonna let me bring Whiskey in, so Got to think positive, right? All right.
Docket ending 9221, people of the state of New York vs.
Frank Lewis, charged with 240.
35, loitering for the purposes of begging.
Richard Woolsey, office of the public defender.
Would the court consider time served here? It's the defendant's 6th arrest in 18 months.
All of which have been for the same minor infraction.
Not minor to the nearby store owners, Your Honor, who consider the defendant a menace and an impediment to business.
You have to admit, counselor, six is a lot of arrests.
Which is exactly why Mr.
Lewis has agreed to meet with our social-work staff in an effort to find housing and, perhaps, more stable employment.
Admirable.
But a bit too late.
Given the defendant's rather lengthy record, I offer 15 days jail.
15 days?! I gather that's a "no.
" Would the court consider releasing him on his own recognizance? No.
Bail is set at $250 cash.
Man, I ain't got no $250! Let's move it.
Oh, man.
I'm going to jail? We'll be in front of a different judge in five days.
Let me see what I can do.
And what about Whiskey? Damn.
"Bobbi Ba-bing" Richard, Bobbi, and Jeff are with the criminal division.
David, so far, is the civil side.
So, why do you want to do civil legal services? I'm a realist.
I see most of the legal system as an instrument of oppression.
How you doin'? I see you were a pretty man fellow.
You worked at winthrop, Walters your second summer? Have you ever considered becoming a prosecutor? Any kind of client you'd feel uncomfortable handling? So, if I have a woman charged with burning her kid and she gets acquitted, no problem with going to family court to get her kid back? What about domestic violence? Or a pedophile in a sex-offender registration hearing? Taking on big corporations and entrenched interests on behalf of the poor and disenfranchised? What could be cooler than that? Politics? Journalism? Community organizing? All great, but diffuse.
I like the law because it's sharp, it's pointy.
It lets you target specific problems and right specific wrongs.
You realize that no matter how hard we fight, we lose most of the time.
Right now, I've got a guy sitting in jail who can't afford the $250 bail for loitering for the purposes of begging.
They're not allowed to do that.
- Uh, they're doing it, I assure you.
- But that statute's unconstitutional.
I mean, 240.
35 was found to be an infringement on free speech.
When? And by whom? Judge Sweet.
Federal district court, 1992.
He said it was a blanket restriction on begging, and he struck it down.
It was even upheld by the second circuit.
Are you sure? I did a paper on it in my first-amendment clinic.
Ashley, would you mind waiting outside for a moment? Sure, yeah.
- So hired.
- Yes.
Bingo! "C" and 4.
- Four years? - Final offer.
- Going once, going twice - Just a second.
Let's look at the players here, the situation.
It's not that I'm not looking, bro.
We're just not seeing the same thing.
An honor student, president of the Lincoln-Douglas debate club jailed on a bogus, one-witness robbery.
Which I dismissed.
Yeah, four months too late to save him from the Bloods.
Your boy stuck a shiv deep enough in another inmate to puncture a lung.
- Under duress, Marcus.
- I'm not giving probation to a guy who stabbed another inmate.
Not another inmate.
A gang leader! - Is that supposed to make it better? - Come on, man.
You know what I'm talking about.
- How about six months and probation? - The number comes after "3," before "5.
" - A year of city time? - Nope.
If you're so convinced, spin it to a jury.
But, hey, that's what makes a market.
See you in court? Wha spoiled loser.
So, you think I should take the four years? On four years, you do three and a half, - take out the time you've been in - Right, yeah, I'll be out in less than three, right? Man, you know what they say about black folks? What? We like crabs in a bucket, man.
Always pulling down the one that's trying to get out.
And in here, they get to finally pull me back down, man.
3 more years, 5 more years, 20.
It don't matter, man.
I can't hold on no more, Jerry.
This shot man, this shot is all that I got.
My arms are tired of hanging on to that bucket rim, Jerry.
Okay.
Then we go to trial.
Man, if we win, maybe I can still turn it around, you know? But if we lose I'm already something I never wanted to be.
Court is now in session.
Judge Dominick Ventimiglia presiding.
Let's get this show on the road.
Motions in limine, gentlemen? Moving to preclude the defense from introducing any evidence concerning the prior case on which the defendant was incarcerated.
The fact that my client was even incarcerated is prejudicial.
To counter that, you have to let me show that he was in jail for a crime he didn't commit.
The facts of any previous cases are irrelevant to the question of whether he committed the assault while locked up.
I assume you intend to bring out where the assault occurred, Mr.
McGrath.
- Of course.
- Then I'm entitled to explain why he was there.
All right, gentlemen.
Mr.
Mcgrath is right.
The prior cases are collateral, so they're out.
Come on.
Your objection is noted.
Let's get a move on.
I was in the day room, and I heard an altercation.
What is the day room? It's a common area, open during the day when the cell doors are open.
Guys go in there to hang out or watch television.
What did you do? I turned around.
Went over to the corner of the day room to see what was going on.
And out of the corner of my eye, I saw Mr.
Obasi there walking away from Antonio Lozado.
What was Mr.
Lozado doing when you spied him? Just standing there holding his right side just below his rib cage.
He was bleeding.
And what did you do then? I called it in, sounded the alarm, and ran over to help.
What was Mr.
Lozado's condition when you got there? He seemed to be in pain, had trouble breathing.
Officer Hildebrand, you've been a corrections officer - for almost a dozen years.
- Yes.
Seen hundreds of jail fights in that time.
- Yes.
- In fact, inmates fight all the time.
- Too often.
- Because jail is a dangerous - and violent place.
- We try to keep a lid on that.
But you'd agree it remains a dangerous, violent place - despite your attempts to police it.
- Yes.
And sometimes, to survive in jail, one has to be tough, even violent.
It's possible, yes.
By the way, Mr.
Lozado has a tattoo under his right eye, correct? - Yeah.
- A dark blue teardrop.
That's right.
Do you know the significance of that particular tattoo? It's a gang thing.
It's supposed to mean he killed someone.
Okay, so, you got the decisions at both the district and appellate levels? Tabbed and highlighted.
- Pretty sweet move at the interview.
- That was just luck, really.
Yeah, I tend to think luck is about 90% effort.
Okay, honestly, I do, too.
So, ready for your first court appearance? Ha.
I'm just kidding.
I got it.
It's squarely on point, Your Honor.
The sole charge in the complaint is unconstitutional.
There are simply no grounds on which to hold or even charge Mr.
Lewis.
The people have never seen this decision.
We would just request that we'd have time to respond.
Consider all you like, Miss Ernhardt.
But on this one, I think they got you licked.
Motion granted.
Defendant released.
Case dismissed.
- I'm getting out? - Going home.
Say, man, you got you got bus fare? How about you catch me later? Yeah, here.
You know, you could come back to the office.
Oh, no.
I got to go find Whiskey.
I know what you're saying, but, you know, it's not too late to take me up on that social-worker offer.
You know what, I want to, but, you know what, keeping a job, finding a place to live, man, that kind of stuff just doesn't seem to work out for me.
So let us help.
Okay, you know, man, I've been on the street for six years, right? Long enough to look at myself and know that this is my life.
It's what I got.
And I just got to live with that.
I thought that prison assaults were hard to prosecute.
They are.
They don't ever want to testify.
Because? Because it's like Vegas whatever happens in Rikers, stay in Rikers.
- "Snitches get stitches.
" - Nice.
And yet yours is actually going to trial.
McGrath with the golden touch? No, no.
He is not Midas.
Lozado had a punctured lung.
He wanted to proceed.
Yeah, after you made it worth his while to proceed.
Tell 'em.
What'd you do? - What'd you offer? - You made a deal? 5 to 10.
For a guy serving a life sentence? Damn.
For that, imight testify.
Yeah, getting stabbed was the best thing that could have happened to his guy.
Yeah, I cut a deal because cracking down on prison violence is the only way to keep incarceration safe.
Hey, I'm all for the goal.
I'm just not sure about the method.
Look, say what you want.
But his client stabbed a lung with a sharpened toothbrush.
That is a bad fact.
And I'll sleep just fine having cut a deal to prosecute him for it, and I don't want to hear a word about duress, either.
Yeah, "the gangs made me do it" defense is weak.
My money is on us.
I don't know.
I think the gang stuff can be powerful.
- Got an expert? - Hey, are you giving him trial advice? It's not in front of my judge.
All I'm saying is if I was trying the defense case, I'd be on the phone with some sociologist specializing in prison culture and gang violence.
Great, that's just what I need, another defense attorney on the bench.
- You got someone? - Yeah.
Doris castillo at Columbia.
She gave a lecture at a judiciary seminar once.
Very impressive.
I think you might like her.
All right, Michelle.
I'm in.
How much? You can't bet on trials.
It's unseemly.
- Satisfaction of winning.
- You're on.
Now, you're sure you're old enough? I mean, I know you graduated from law school, but, you know, you could be, like, the doogie howser of law.
- I'm 24.
I promise.
- Okay.
So, Bobbi, you know.
The guy sitting across from her is Charlie Sagansky, judge Kessler's law secretary.
On the end, Marcus McGrath, - DA's office - Wait, isn't the blonde the ADA who tried to keep Frankie in jail? Michelle Ernhardt, DA's office, yeah.
Don't you just want to smack her? Sometimes, but, uh, you know, we all go way back.
In fact, Marcus and Jerry have been best friends since law school.
It's like that political guy Carville and his wife.
- What's her name? - Mary Matalin.
Yes.
How does he stand her? Come on.
You'll like them.
Really.
Actually, I don't think I'm quite ready to break bread with DAs.
Um, but thank you for the drink.
And today was great, really.
Hi.
Whoa.
Uh hi.
- You're here early.
- Really early.
Pretty much all night, in fact.
Did you know the lights go off at midnight? Yeah, you have to call maintenance.
- The number's up at the front desk.
- Yeah, I found it.
There's also a flashlight by Roz's couch.
Thanks.
I mean, I did go home eventually.
But I just kept thinking about the lawsuit.
- Lawsuit? - For Frankie.
It's only a draft, but I think it's pretty good.
Ashley, Frankie's either annoying liquor-story patrons or sound asleep at the corner of 139th and Lenox with his dog.
Okay, great, let's go up there, then, see him, get him to sign off.
Get him to sign off on what? The class-action lawsuit.
Frankie's gonna be the named plaintiff.
We're suing the city, the DA's office Uh, take a deep breath.
Um, this is the kind of thing we really need to run by Roz.
They arrested this man half a dozen times for a "crime" that wasn't a crime.
How else do you think we're gonna stop them from doing it again? Yeah, no, no, I All I'm saying is that, um, before we do anything, we really got to run it by the boss.
Okay.
And then we certify a class of all persons similarly situated.
- I understand the process, Ashley.
- A class action could be huge.
I'm talking thousands of plaintiffs, maybe millions of dollars.
- Yeah, just - What's the problem? A suit this big is likely to eat up all of our resources.
Okay, well, I can find more attorneys to help.
Or we hold off for now until the civil- action project is fully staffed.
- Once we get a few more lawyers.
- So you're saying no? I'm saying we have a client who needs us.
Let's try to take care of him, and then we'll consider the larger issues.
So you just want me to file the individual case? Actually, before you do, take the papers, go to the city's lawyers, tell them that we're about to sue them, and see what you can shake up without filing.
- Why don't you go with her? - Keep her on a short leash.
Short leash.
I was the duty captain stationed in the central control area.
About 1355, we received a call about a shanking.
- And what'd you do? - We sent in the emergency response team, removed the complaing witness for medical attention in North infirmary command, shut down the whole block, and conducted a full search.
And pursuant to that search, did you find anything? - Yes.
- What was that? A homemade shiv.
Where was that recovered from? 1316 Baker.
Mr.
Obasi's cell.
How many inmates per cell? Two, but Mr.
ObasI slept in the bottom bunk, which is where we got it from.
Thank you, captain.
Nothing further.
As a duty captain, you're responsible for the safety of both the inmates - and the staff, right? - Yes.
And during your shifts, it's your job to know what's going on in the cellblocks.
- Sure.
- So you know, for example, that gangs are a part of jailhouse life.
- Yes.
- In fact, DOC has an entire gang intelligence unit devoted to monitoring gangs and gang members.
- Yes, we do.
- And to your knowledge, was Jawara Obasi part of a gang? I don't believe so.
But Antonio Lozado sure was, right? - Yes.
- In fact, Antonio was a "third crown" of a gang called the Latin Kings.
I don't know about his rank.
I'm guessing that means redirect? Just one more thing.
Was is it your testimony that Mr.
Obasi was not a member of the Bloods? No, only that I had no specific intelligence to indicate that he was affiliated with that gang.
Then again, gang membership is fluid.
In your experience, do gangs usually recruit outsiders to do their dirty work? No.
They like to Keep it in the family.
$3,000? That's your offer? How much exactly do you think a jury is going to award a homeless alcoholic for a few days in jail? There are six separate unlawful arrests.
And we'll certainly be looking into the confusion over the legality of those charges.
The confusion? Uh, I'm sorry, it's not confusion when the police continue to knowingly use a criminal statute that a federal judge has struck down.
Do you really think that if, on any given night, someone offered your client 500 bucks to sleep in jail, he wouldn't have jumped at the chance? In your scenario, he has a choice.
We'll make it $3,500.
Take it to your client.
My guess is he'll appreciate the money a lot more than you do.
You can't pick off plaintiffs just because they're poor.
Well, I think, uh, we should all take some time and reconvene.
- We'll talk to our client.
- You know what? Try and settle this cheap, and I will have another plaintiff by tomorrow - and a dozen more by Monday.
- That would be a mistake.
- Okay, Ms.
Nusblatt.
- I've already taken steps to have this certified as a class-action lawsuit.
New York city has 17 divisions, over 700 lawyers in our law department.
- Thank you for your time.
- It's gonna cost you half a million - just to litigate.
- Ashley, be quiet.
And we'll drag it out so long your client will be dead or in rehab before he sees a cent.
And I'll call the press.
- What the hell was that?! - No pain.
No gain.
No, you completely blew it in there.
Did you see the look on that woman's face when I trotted out the class action? That was priceless! For you, maybe.
But where does that leave Frankie, huh? Where does that leave the statute? In the same place it was before we went in there.
No, you squandered an opportunity to make it better because you wanted to show how tough you could be.
You let your ego get in the way of our client's interest.
Wha Jerry, here's your expert in Jawara's case.
Thanks for rescuing me.
I was waiting out in the hall like an idiot.
- Professor Castillo? - "Doris.
" it's easier.
Jerry Kellerman.
Uh, get you anything, Doris? - No, I'm good.
Thanks.
- Okay.
Let's, uh, get you seated here.
I'm sorry.
Ah, you use my filing system whatever you can reach.
Yeah, sorry about that.
And I don't know why I thought for some reason that you'd be Older? Yeah.
It's my grandmother's name deceptive.
Ah.
I was named after my grandfather.
Oh, nice.
Something else we have in common besides our mutual friend.
Oh, did Charlie tell you that we're in the same Shakespeare group? - Somehow he left that out.
- Ah, you should come as a guest.
Wildest night of the month, I promise.
I'm sure.
Here.
Oh, great.
Okay.
We're gonna need some more room.
Yeah.
What do you say we hit the conference room, maybe order some food? Or we could just go out.
Great Chinese at hop-yee.
- I love that place! - All right.
- All right, hop-yee it is.
- Okay.
Come on.
Thank you.
In order to stave off a larger conflict, gangs will often recruit an unaffiliated member to carry out an assault.
Why? To avoid an all-out conflict.
The attacker becomes the focus of the revenge rather than the gang.
It's waging war by proxy.
In your experience, how does this happen? We've recorded multiple methodologies, because the situational use of violence is central to both the order and hierarchy of prisons.
Miss Castillo, in English? Sorry.
Generally, they'll beat the crap out of someone until they do what they're told.
Now, based on your experience and research, is it reasonable to be afraid of gang violence? It's hard to understate just how prevalent sexual and physical violence can be.
In fact, research suggests that there are actually more rapes inside a prison every year than outside.
Objection.
Let's keep it focused on the case at hand, Miss Castillo.
Sorry, judge.
My research suggests that weaker inmates, when faced with an environment where there is no escape and no safety, are quite likely to be forced into sex, violence, or both.
And one last thing in your research, did you become familiar with gang signs and rituals? - Yes.
- What does "blood in, blood out" mean? It's a credo of the Bloods.
You are beaten up on admission, and you only get out when you die or shed your blood for the gang.
Okay.
Thank you.
Hey, Nick.
Degenerates.
Nick.
I got a call from the law department.
About anything in particular? A class-action lawsuit about to be filed against the city, police department, and DA's office, alleging the DA's office pursued illegal charges? With all due respect, Nick, you did pursue illegal charges.
And the point of going to the law department before filing is to give all of you a chance to keep it quiet.
You should have come to me.
We don't go outside the sandbox.
We work things out boss-to-boss I thought you knew that.
Look, if I thought for a minute that the DA's office had the power to compensate Mr.
Lewis for wrongful arrest, false imprisonment, malicious prosecution - You underestimate me, Roz.
- Do I? Did it ever occur to you that I have the power to re-arrest your client and every other potential plaintiff and charge them with aggressive panhandling? You are threatening to retaliate for a lawsuit by arresting the plaintiffs.
Aggressive panhandling is a misdemeanor.
That's 90 days.
Not just 15.
And it's perfectly constitutional, too.
Stepped-up enforcement is a threat.
It's not a solution.
How about you address my real concerns here? - You want the loitering arrests to stop, right? - Yes.
- I can stop them.
- And compensation? You shelve the class action, get your client a conservator.
The arrests will stop today.
And I'll make sure your guy gets more than he deserves.
- You can do that? - Watch me.
Call me with numbers soon.
I will.
And next time pick up the phone.
The first beatdown was in the mess hall.
What happened? This kid everybody calls "jiggle" smashed me in the side of the head with a tray.
I went down, and everybody just started punching and kicking.
What did you do? Covered up.
The guards pulled me out, but my eye swelled shut, though.
Were you afraid? Since the day I went in.
Which was when? When I was wrongfully arrested for a crime I didn't - Objection! - Sustained.
Stricken.
Don't light a short fuse, Mr.
Kellerman.
Sorry, judge.
Jawara, did you know why they beat you? No.
they're taunting me like, "yo, look who's red on the inside.
Yo, Barack, you like that?" Barack? Why? Because Obasi was your last name? 'Cause I tried to keep my head down and make something of myself.
They thought I acted superior.
What did you do after the first beating? Asked the captain to move me.
- Did he? - No.
But three days later on the yard, these three kids grabbed me.
They beat me so bad, I couldn't even walk, man.
The COs, they had to carry me away.
So, now, after the second beating, did you try to get moved? Yes.
But it didn't work.
Those guys just kept coming around me like I was one of them, saying, "blood in, blood out.
" W what did you say? I never said even a word.
Jawara Why did you stab Antonio Lozado? After I got out of the infirmary, Jiggle comes by.
Except, um He starts talking about Idris, my little brother.
He said the next time it was not just gonna be me.
Um Idris is a good kid, you know? He's, uh, he's only 14.
Can you just, like, leave us alone?" And, uh He said, "you want to get out? You're gonna have to do something for us.
" Stab Antonio Lozado.
Yes.
I am so sorry.
Thank you.
So, you melted a razor blade into the end of a sharpened toothbrush.
Jiggle told me how.
- But you're not a Blood.
- No, sir.
And then you used that weapon to attack a high-ranking member of another gang.
Look, I was just trying to get out.
You said you tried to get transferred to another facility.
- Yes.
- But you didn't provide any specific information about who was threatening you.
I was afraid of being a snitch, okay? But in your own testimony, you said you were already being beaten.
Yes.
When you stuck that shiv in Mr.
Lozado, were you being beaten? Right then, no.
That day? No.
When you pulled out that blade, there wasn't a gang member pointing a gun at you, was there? - No, sir.
- In fact, there was no immediate threat whatsoever.
Correct? They said they were gonna beat me, maybe even kill me and hurt my little brother, man.
Your hand held that shiv.
No one else.
But I didn't have a choice.
Yes.
Actually, you did.
I didn't have a ch I can make you do crazy things confess your darkest secrets Betray your closest friends Run faster than you've ever run before.
I can make your heart pound, your hands tremble.
In my grip You'll do anything.
I Am fear.
How many times did he have to take a beating? How many black eyes? Cracked ribs? How many bruises? Threats? How many people had to ignore his desperate pleas for help before it became clear to Jawara Obasi that he'd been abandoned in a place where the only language was violence, a place where he had nowhere to turn? There's a word that describes the desperation, abandonment, and terror it takes to stab a murderous, violent gang leader in the middle of a cellblock.
That word is "duress.
" Responsibility is a simple concept.
It means accepting the consequences of the things that you do.
It is as central to an organized society as the freedom to act.
On a December day in cellblock 6 in the Manhattan detention complex, Jawara Obasi acted.
He pried a tiny razor blade out of a cheap, disposable razor, melted it into the end of a meticulously sharpened toothbrush, and thrust it so deep into Antonio Lozado, it punctured a lung.
Now, Mr.
Kellerman can try to blame prison conditions or gang violence for what Jawara Obasi did.
But those are excuses, not defenses.
Jawara Obasi chose to attack another inmate and say it wasn't his fault.
But it was.
No one had a gun to his head.
No one had a hand at his throat.
When he plunged that shank into Mr.
Lozado, the only hand on that weapon was his.
His shank His hand His fault His responsibility His crime.
So, I don't think I actually said I was sorry.
Apology accepted.
I just get pissed off, and then all of a sudden, my mouth moves faster than my brain and you have to learn to play the long game.
Which is why you totally folded on the class action? You realize you're doing it again, right? Right.
Sorry.
Actually, Frankie's getting a substantial settlement.
Yeah, but we really only helped one guy.
We punted on the larger issue.
Come with me.
- Why? Where are we going? - Just come on.
I don't like surprises.
You're gonna like this one.
Promise.
Hey.
I heard your summation rocked.
Let's hope the jury thought so.
- Good luck.
- Thanks.
You ever tried an arson 1? Uh, arson, sure.
An arson 1 with an incendiary device? Uh, what? Sorry.
Yeah, a molotov cocktail.
Why? What do you need? - I'm challenging the admissibility - Sorry.
Just a sec.
Hello? Hey, Doris.
Uh, no, no.
Still waiting.
Yeah, absolutely.
No, no, no, you were you were terrific.
Yeah, that sounds great.
Sure.
Perfect.
Okay, bye.
- Sorry.
You were saying? - Just forget it.
I'm sure you have more important things on your mind.
- It was a phone call.
- Just forget it, okay? What is with you? Jerry, your jury's back.
Better call Doris back.
I'm sure she'll want to know.
I I waited for you.
I wanted you and I waited for you.
You pushed me away, not the other way around.
Whiskey! Come here.
Come on.
Get down.
Hey, Frankie.
So, what do you think? Are you kidding, man? It's an apartment.
Yeah, well, could be your apartment.
That's what you say.
I'm still waiting to see how.
The court-appointed conservator took an advance against the settlement.
- And he's gonna pay my rent.
- And take care of other expenses.
You know, if you're careful, the 60 grand should cover you for 4, maybe even 5 years.
- So it's done? - Pretty much.
We'll get you a bed, some furniture from Nycha.
Man, I don't need all that.
Yeah, well, we're gonna get it for you anyway, okay? I want you to have a bed.
All I need is Whiskey, man.
You're sure he can stay here? It's right in the lease "one dog, not to exceed 100 pounds.
" So, what I got to do? Well, keep Whiskey under 100 pounds.
Just say you'll take it.
I'll take it.
I've been on the street so long, man.
I never thought I'd see me with my own place again.
Yeah, well Now you do.
Thank you.
Actually, thank her.
Thank you, miss.
Oh, I didn't do anything.
Just say, "you're welcome.
" You're welcome.
Will the defendant please rise? In the matter of the people of the state of New York vs.
Jawara Obasi, on the first count of the indictment, charging assault in the first degree, how does the jury find? We find the defendant Guilty, Your Honor.
Ooh, the sun is sinking low and the hour is getting late and you need something that I can't live without but I'll give it anyways you're really in trouble this time You found me.
You left me a map.
I'm glad you're here.
Your guy walk? You know those cases where months or years later, you're you're just, like, eating a sandwich and and you think, "damn, that guy's still in prison.
" Yeah.
Exactly.
- Ronaldo Vasquez, Branford Duncan.
- Jawara Obasi.
He's gonna be one of those.
- I'm sorry.
- It was a great defense.
And he couldn't have had a better lawyer.
Now you're just trying to make me feel better.
I think I can improve on that.
I thought I was gonna have to give up on you.
Well, I'm glad you didn't.
Are we gonna have to talk about this? I don't if you don't.