Seven Seconds (2018) s01e09 Episode Script
Witnesses for the Prosecution
1 [FISH.]
Where are you, Nadine? [SIREN WAILING IN DISTANCE.]
The witness has a history of running away, but we're confident we'll locate her.
I just need an adjournment.
I'm sorry, given the public turmoil this whole situation has stirred up, I think it's best we proceed as scheduled.
Then I'd like to read the witness' testimony into the record Your Honor, that is a clear violation of my clients' Crawford rights.
I'm not about to subvert due process because the State misplaced its witness.
Find her, Counselor.
Trial will begin as scheduled.
Needless to say, I'll move to have the case dismissed as soon as possible.
I think Dolan will grant it.
As long as your witness doesn't show up, you three are in the clear.
Lucky you.
[PETE.]
And what about my case? [SAM.]
Without aggravated manslaughter, you're still on the hook for death by auto.
But the State's case is all circumstantial.
Trial will come down to a choice between two narratives, hero cop versus a prosecutor playing the race card.
Teresa Tonelli's on the prosecution's witness list.
Your wife's cousin? Yeah.
In an ideal world, she would say nothing about the truck or whatever transpired between the two of you when she borrowed it.
That would be ideal.
So, what we need to do I need to see Pete alone.
Given the circumstances he might become my sole client.
So, we need some privacy.
You're in good hands.
[DOOR CLOSES.]
I want you to know, I got nothing to do You want absolution? Find a priest.
I don't fucking care.
All I care about is clearing a cop's name so that people don't grab for their fucking camera phones every time they spot a badge.
Hey.
Osorio.
We're in the homestretch, okay? We gotta keep the kid calm.
He gets nervous, makes a deal, it all falls apart.
You gotta keep it together, all right? I already did my part.
- Hey! - Don't tell me what to do.
Crazy running into you kids here.
Yeah, funny.
My dentist is in this building.
Good guy, great drill work.
If y'all ever need a, uh, root canal, you let me know, okay? Let's bounce.
Game's on, gonna miss the tip.
No, hold up, hold up.
Um, I need a little help finding a witness.
Fifteen-year-old kid, junkie, purple streak in her hair.
I know you know her.
Remember that picture I showed you? Why don't you get a canine search and rescue on it? Wait, what am I talking about? You got all those dogs, so, why don't you give them one of her panties to sniff? Aah.
Nah, I'll let that one slide, D.
But when I find my witness, if she tells me you so much as looked at her What are you gonna fucking do, Fish? You lost your witness.
Don't come at me 'cause you're shit police.
Hey, Fish, you like birds? See you guys later.
Perception will be key, so I need you to sit together in court.
The jury will notice.
I hope that's not a problem.
It isn't.
Good.
As Brenton's mother, your testimony is so critical.
The jury needs to see your son through your eyes.
Let them feel your love and your pain.
Half of them have children, so if you feel emotional, if you need to cry, don't be afraid to let them see that.
The defense will come at you hard.
She'll claim Brenton was a gang member, she'll paint you as a clueless parent.
But I know who my child is.
She'll mention the Port Authority arrest last summer since you were the one to pick Brenton up and pay the DEDR penalty.
And that's why you needed that $500.
- Brenton - You said it was for the car.
Brenton begged me not to say anything - You should've told me! - [KJ.]
Mr.
Butler, we need to focus.
We have just one day before trial.
We need to be on the same side.
We can't afford to let the jury see this whatever this is going on between you two.
You don't have to worry about me.
Okay.
We need to talk about Seth.
I know how much Brenton meant to him, but his ties to the Five Kings only hurt us.
So, the best thing that he can do is stay away.
[KNOCKING ON DOOR.]
Marcelle's out with the kids.
I came to see you.
About the trial.
The prosecutor doesn't want you to testify.
What with your Five Kings, your past.
Yeah, I figured as much.
Um She also doesn't want you to be at the trial.
Said it won't look good.
Whatever it takes.
Whatever it takes to get justice for little man.
- Okay.
- I won't make no trouble.
Good.
Going back already? Thought all you wanted was to be home again.
Home ain't here.
Not no more.
[DISPATCHER.]
Respond to Lindenhurst marshlands to assist other officers.
911 call received about female victim, Caucasian, - 14 to 18 years old.
- [SIREN WAILING.]
EMT units en route.
[ENGINE ROARING.]
- [CAMERA SHUTTER CLICKS.]
- [INDISTINCT POLICE RADIO CHATTER.]
[GULLS SQUAWKING NEARBY.]
- [INDISTINCT CHATTER.]
- [CAMERA SHUTTER CLICKING.]
Fish.
It's not her.
There's no purple in her hair.
Come on.
Let's go.
[FISH.]
Ah, that can't be her.
[GROANS.]
Fish! The State's case against three of my clients rests entirely on this witness's testimony.
I move to dismiss the charges against them.
Counselor, any response to that? My witness turns up dead the day before trial.
That doesn't bother anyone? She was a heroin addict who in my understanding, overdosed.
It's a tragedy, but not a crime.
Your Honor, if you dismiss, without prejudice, please.
In case any further evidence comes to light.
Preliminary rapid tox came back positive for heroin.
That plus the needle mark at the right interior forearm with the discoloration around it.
Preliminary cause of death looks like acute heroin toxicity.
Pending final tox results, I'm gonna call MOD an accident.
You're saying she OD'd? You're wrong.
That's wrong.
- [DETECTIVE.]
Rinaldi.
- Huh? Hey.
The kid's a junkie.
Come on, you said it yourself.
[ELEVATOR DOORS OPEN.]
[APPROACHING FOOTSTEPS.]
[EVELYN.]
No.
No.
[EVELYN SOBBING.]
But she said she saw them.
She made a statement, didn't she? - Why can't the jury know that? - It's not admissible.
A defendant has a constitutional right to confront an accuser in court.
What about Brenton's rights? They weren't thinking about his rights when they left him to die in that ditch.
We lost our son.
We lost everything.
And now you're telling me he'll only get five years? Without the conspiracy charges, auto death carries a sentence of five to ten years.
But as the defendant is a police officer, he has certain protections.
Oh.
[BREATHES HEAVILY.]
In similar cases, I've never seen a sentence of more than five years.
And it is likely that he will serve less than that.
[BREATH TREMBLING.]
[LATRICE EXHALES HEAVILY.]
I will do everything in my power to ensure he serves more.
[LATRICE GROANS.]
[DOOR OPENS, SLAMS SHUT.]
[ISAIAH SCOFFS.]
I'll do everything I can.
I promise.
I Yeah.
Everybody promises.
You know, when I was growing up, I always thought that, uh I was different.
And I believed.
And I had faith.
So, you're always thinking you're protected, you know, nothing's gonna touch me.
Nothing gonna touch my family.
And then something happens.
And then you realize.
Because it ain't just happening to me.
It ain't just happen to my son.
It's happening to black boys all over.
I'll do everything in my power to ensure he serves more than that.
He will pay for what he did.
Really? [PETE.]
A hate crime? And what does that mean? The assistant prosecutor is alleging that you left Brenton Butler for dead because of his race.
He didn't know his race, he didn't even see him.
If she can prove it's a hate crime, and you're convicted of auto death, your sentence will be enhanced, substantially.
And what are we talking? Auto death is five to ten years.
With this particular enhancement, you're looking at 20 to 30 years.
Jesus Christ.
She'll go after character, your history, any sort of racial bias in your past.
Let's get to work.
We don't have a lot of time.
Can you put coffee on? I take mine black.
Marie.
I want you in court tomorrow with that baby.
Every day, bring that baby.
Understood? - [CAMERA SHUTTERS CLICKING.]
- [PROTESTORS SHOUTING INDISTINCTLY.]
[WOMAN.]
Killer! [DEPUTY.]
All rise.
The honorable Judge Robert Dolan presiding.
[DOLAN.]
Case Number 824403-2017, the State of New Jersey v.
Peter Jablonski.
Is the State ready to give its opening statements, Ms.
Harper? Yes, Your Honor.
[KJ SIGHS.]
This case is clear and simple.
On the morning of February 15, 2017, as he drove through Liberty Park, Officer Peter Jablonski hit 15-year-old Brenton Butler and fled the scene of his crime.
Cell records place Officer Jablonski in the park, and blue paint chips recovered from Brenton's body match the blue Ford Escape registered to the defendant's wife, a car which is now mysteriously missing.
After he hit Brenton, Officer Jablonski did not stop and render aid, as was his duty as an officer of the law.
Instead, he made the heartless calculation that this young black boy's life mattered less than his own future.
And he left Brenton in that ditch as a blizzard blanketed this city.
Brenton lay there for 12 hours.
But it took Officer Jablonski only a moment, a few seconds maybe, to deny a boy his life and ruin the lives of everyone who loved him.
The reason the State has characterized this as a hate crime is that when Officer Jablonski made that decision, he acted under the biased belief that this young black child's life was disposable.
As we will demonstrate from his record and his personal history, Officer Jablonski's prejudices led him to believe that no one would care enough to properly investigate Brenton's death.
And no one would be willing to convict him for killing this child.
You have the power to prove him wrong.
[BABY COOING.]
The State would like you to believe its case is simple and straightforward.
If they believe it's simple, it's because their facts are slight.
If they tell you it's straightforward, that's because they don't want you to notice the holes.
They have built a circumstantial case selectively assembled to cast guilt on my client, a young officer with a new family, a stellar record, and a profound sense of integrity.
The only reason the State can tie him to that park at all is because he was doing his job.
Someone hit Brenton Butler, and it is a tragedy.
But this was in all likelihood a gang-related death, not a hate crime.
The very fact that the State has brought this charge at all tells you that this trial is a politically motivated stunt designed to placate a city that has been torn apart by the death of this young boy.
Yes, race is a painful issue in this country.
And yes, prejudice and bias are despicable realities.
But the law is blind to all but the facts, and so must you be.
[BABY COOS.]
You may proceed, Counselor.
The State would like to call to the stand Sergeant Michael DiAngelo.
[DOOR OPENS.]
[DOOR CLOSES.]
[DEPUTY.]
Swear to tell the truth, the whole truth and nothing but the truth, - so help you God? - I do.
[DIANGELO CLEARS THROAT.]
Can you state your name and rank for the record? Michael DiAngelo.
Sergeant, Special Investigations, Anti-Gang and Drug Unit, Jersey City Police Department.
And what exactly does your job entail? I investigate the possession and distribution of narcotics and the criminal street gangs associated with the city's drug trade.
And do you arrest these criminals or do you just investigate them? Objection.
Your Honor, she's badgering her own witness.
[DOLAN.]
Ms.
Harper, keep to the point.
I'd like to mark this report dated February 15th, 2017 as Exhibit S-1.
It says you and Officer Wilcox were executing a controlled buy at the Riverside Projects on the morning of February 15th from approximately 6:00 a.
m.
to 9:00 a.
m.
Is that correct? - If that's what I wrote.
- It is.
Officer Jablonski wasn't present? Or Officer Osorio? They were both there.
Jablonski wasn't an official member of my team yet, and Osorio I left off by mistake.
Hmm.
Can the clerk please mark tower records from American Telephone and Telegraph, tower NJ-148NJC as Exhibit S-2.
Sergeant, according to these records, at the times indicated in your report, your cell phone made several calls from a tower serving Liberty Park, placing you either within the park or very close to its boundary.
Well, most arrests don't happen at an exact address.
They happen in the general vicinity.
Criminals tend to, uh They They move around.
Your phone placed a six-minute call to Officer Jablonski's phone at 6:45 a.
m.
According to Bayonne Hospital security footage, Officer Jablonski didn't arrive until 7:33 a.
m.
Can you account for his whereabouts during those 42 minutes? [DIANGELO.]
Me personally? No.
[KJ.]
From the location you were actually at to Bayonne Hospital is routinely a 15-minute drive at 7:00 a.
m.
- If you say so.
- Google Maps says so.
That leaves 27 minutes you can't account for.
Twenty-seven minutes during which Officer Jablonski could have been driving through Liberty Park.
- That's possible, I suppose.
- [KJ.]
It is.
And isn't it also possible that during that 27 minutes Officer Jablonski hit Brenton Butler and drove away? No.
Petey did not kill that kid.
But you can't know that, Sergeant.
Well, unless you were there in the park with him.
Can you? I understand today in court is not your first encounter with Ms.
Harper.
My unit interacts with prosecutors a lot.
I've met Ms.
Harper before.
Can you tell me about your interaction with Ms.
Harper on March 8th? She didn't agree with my tactics in an investigation.
She, uh She called me a "son of a bitch.
" - So, clearly, she has an ax to grind.
- Objection! Relevance.
Well, it goes to motivation.
Prosecutor's bias led to these charges.
Sustained.
How the AP does her job is not on trial here.
Sergeant, in your experience, is Liberty Park associated with gangs and drugs? It is.
In your expert opinion, could a teenager left for dead in that park have been the victim of gang retaliation made to look like a hit-and-run? I'd say that is definitely possible.
Thank you, Sergeant.
No further questions.
[KJ.]
Officer Osorio, are you a native Spanish speaker? Yeah.
And have you ever personally felt singled out on the job when you spoke Spanish? We don't see color, we see blue.
[KJ.]
That's department policy, isn't it? Not to discriminate based on race or creed? Yeah.
You know that.
Have any of your co-workers in the Jersey City Police Department ever used racial epithets? - No.
- [KJ SCOFFS.]
Really? Objection.
Your Honor, the State is fishing.
Your Honor, I'm trying to establish a culture of racial attitudes that may have affected the defendant's state of mind.
I'll allow it, but get to the point with the next question, Counselor.
In Officer Jablonski's arrest record, both while in your unit and in the East District, there are disproportionate arrests of individuals of color.
As a Puerto Rican officer, are you really telling me that race doesn't matter? Not in my experience.
Are you lying to protect your fellow officer? Objection! Your Honor.
Apologies, Your Honor.
That's all I have.
[KJ.]
Can you state your name, please? Peter Matthew Jablonski.
[KJ.]
And what is your relationship to the defendant? I'm his father.
I understand you and Mr.
Jablonski's mother separated when he was a child.
Were you involved at all in his upbringing? Well, just because she and I called it quits doesn't mean I was gonna leave him in the lurch.
I had him weekends, some weekends, and, you know, I tried to teach him stuff that I learned the hard way, so he didn't have to.
[KJ.]
Were you with him during the incident that occurred on July 30th, 2004? Yeah, I was there.
I'd like to mark Exhibits S-4A and S-4B at this time.
Proceed.
[INDISTINCT MURMURING.]
- Can you tell us what happened? - Sure.
[INHALES.]
Petey was kind of a runt in high school, and this corner kid was always picking on him.
Ah, one time Pete saved up for some Jordans, and sure enough, that little thug jumped him.
Stole them.
Now I don't know about you, but no son of mine's gonna leave a beating unanswered, so I showed him a couple of moves, and then I marched him right on down back there.
Petey destroyed that kid.
[CHUCKLES.]
Taught that animal a lesson.
And do you think this incident might have left your son with any reason for racial animus? Oh.
Yeah, okay.
You're black, I'm white, bottom line.
I got eyes.
You know, the trouble comes when when we pretend like people aren't who they are.
[LOW MURMURS.]
No further questions, Your Honor.
Isn't it true you haven't spoken to your son since he was 18? That is until February 23rd, when he continued to insist on no contact.
That sounds like his mother talking.
Would it have anything to do with the abuse he and his mother suffered at your hands? Your Honor, I'd like to mark this Jersey City Hospital report from August 28th, 1995 Exhibit D-1.
Broken arm.
Dislocated shoulder.
Two broken ribs, extensive bruising on arms, back, neck, and face.
How old was your son when you did this to him? I don't remember exactly.
This was an accident.
He was six, Mr.
Jablonski.
Your son was six years old.
[INDISTINCT MURMURING.]
You okay? Osorio looked like shit up there.
You talk to him lately? Ah, I figure we'll give him some space.
He'll talk when he's ready.
All right? - All right.
- Okay.
- Ms.
Harper, can we get a statement? - Ms.
Harper! Is Officer's Jablonski's alleged crime part of a larger culture at the JCPD? [KJ.]
One can't help but wonder why an officer of the law like Mr.
Jablonski chose to leave a young black child to die in a ditch.
You fucked up.
I don't know what the fuck you're talking about, Fish.
Medical examiner said she shot up.
She didn't use needles.
Okay.
A heroin junkie who's health conscious, that's nice.
- Hey! - [FISH.]
You fucked up, motherfucker! Yeah, you did! I fucking got you, you piece of shit! Got nothing, motherfucker.
You got nothing! Get the fuck off me! Get the fuck off.
- Ms.
Harper, what do you think of that? - [OVERLAPPING QUESTIONS.]
Oh, hey.
Welcome to my home.
[SNIFFS.]
Uh, I talked to Connelly.
[FISH.]
Hmm.
He's gonna make sure you only get yelled at.
A little.
I'm sorry.
Do not apologize.
He deserved it.
God.
[SNIFFLES, SIGHS.]
We can still get them.
If I can flip Jablonski, then [PROTESTORS, GROUP 1.]
Black lives matter! Black lives matter! [PROTESTORS, GROUP 2.]
Support our cops! Support our cops! [INDISTINCT CHATTER.]
They subpoenaed me.
Said I had to be here.
Whatever you say up there, don't hurt us.
Are you asking me to lie? Better take care of your girl.
[INDISTINCT CHATTER.]
You got it? Come on.
Look at this guy, huh? What's going on with this hat? What's going on with the hat? Know what I mean? What's this? What is this? [DIANGELO CHUCKLES.]
Tell me about the seagulls.
Brenton loved them.
I don't know how it started, but they were everywhere.
On napkins, notebooks, the wall in his bedroom.
And he would make these little papier-mâché ones too.
He gave those to the people he loved.
And you found one of those papier-mâché seagulls in Brenton's hospital room after the accident? Yes, on his bed.
Someone had put it there.
That man.
How do you know that? Because I saw him the night before in Brenton's room.
I went to pray with my husband and our church.
And when I came back, he was there, standing over Brenton.
He asked me if if he was gonna live.
And then he claimed he was in the wrong room and ran out.
I'd like to present these photos, previously marked as Exhibits S-5A and S-5B.
This is the seagull from Brenton's bike.
Is that the seagull that you recovered from Brenton's room after your encounter with the defendant? Yes, it is.
Mrs.
Butler, why do you think that Officer Jablonski would remove evidence from the crime scene, and then leave it in the hospital room of the victim? Because he felt guilty.
He knew what he did to my son.
He knew [BREATH QUAVERING.]
He knew.
[KJ.]
Thank you.
No further questions.
[BABY COOS.]
Mrs.
Butler, please let me convey my deepest sympathy for your loss.
I know this must be very hard for you.
It's never hard to talk about my son.
And I understand you must have wanted answers after this tragedy.
Who did this? Why was Brenton in that park that morning? Objection! Is there a question for the witness? [SAM.]
I'll rephrase.
You were searching for answers, Mrs.
Butler.
Is that why you followed my client? Why you waited outside of his house? I knew he knew something.
How many times did you go to his house? - I don't remember exactly.
- More than twice? - Three, four times maybe? - Maybe.
Does that include the time you accosted him at the Greenplace Market in Bayonne? He was avoiding me.
This is what I'm struggling to understand, Mrs.
Butler.
My client could have brought that seagull out of sympathy, no? Why did you assume it meant he killed your son? I didn't at first.
Is it possible you had answers, Mrs.
Butler, just not the ones you wanted? I don't understand the question.
Let me give you a concrete example.
Why did you pick up Brenton at Port Authority on August 4th, 2016? - Objection! - Overruled.
The issue has already been decided.
Answer the question.
He had been arrested.
Right.
In the company of Kadeuce Porter, for criminal possession of narcotics with the intent to distribute.
It was two joints.
I worked at St.
Peter's school.
Half those kids had ten times that amount in their locker.
How many of them have been arrested with a known member of the largest street gang in Jersey Brenton wasn't in a gang.
- How can you be so sure? - Because I'm his mother.
Isn't it possible he might have kept his gang affiliation from you precisely because you're his mother? No! I know my son.
I would've known.
Do you know why he was in Liberty Park that morning? No.
Are you still employed at St.
Peter's Prep? Not currently.
I understand it's been hard since Brenton's death.
You and your husband both lost your jobs.
You have a mortgage on a new house.
What What does this have to do with Brenton? Have you ever met Jay Sterling? [LATRICE.]
Yes.
[SAM.]
Jay's an accomplished civil litigator.
He has a lot of experience with wrongful death suits against municipalities.
Is that why you sought him? No, he he he said that he could help get justice for Brenton.
You mean with a civil suit.
- No.
- That's how it works, right? You get a criminal conviction and the city almost guarantees you a generous offer.
It wasn't about the money, it was about making him tell the truth.
Of course.
But the money would help.
No further questions, Your Honor.
[LATRICE.]
I failed him.
I failed Brenton.
You showed them who Brenton was.
- And the jury won't forget that.
- No.
The money.
That's all they'll remember is the money.
It's like they killed Brenton all over again.
I need to testify.
Mr.
Butler, she's gonna try and do the exact same thing to you, - and if you waver at all - I won't.
I won't.
[KJ.]
Why did you move, Mr.
Butler? [ISAIAH.]
Grew up all my life in those projects.
I promised myself one thing: when I had a family, I was gonna get them out of there as soon as I could.
[KJ.]
So you saved up for this house? Took me near on ten years.
But yes, I did.
And I don't need any settlement from the city to pay my mortgage.
I pay my own bills, always have.
And was part of the reason you moved to get Brenton out of the projects? Yes.
When a boy reaches a certain age, the world has a way of asserting itself.
I don't want that for Brenton.
He wasn't built for that.
He was different.
Mr.
Butler, did you see any evidence that Brenton was involved in gang activity of any kind? No.
He was not in a gang.
And that bike he was on, the one the Kings ride? It wasn't his.
You mean the bike Brenton was riding when he was hit? Yeah.
A friend loaned it to him.
And what makes you so certain that your son wasn't in the Five Kings? When you're a King, you gotta front, act hard, be ready to throw down at any time.
My son wasn't hard.
He was kind and good.
Sweet.
Still wore the clothes his mama bought for him.
No further questions, Your Honor.
Whose bike was it, Mr.
Butler? It was his friend, Kadeuce Porter.
The same Kadeuce Porter that Brenton was arrested with? Yes.
[SAM.]
Isn't it possible, or even likely, that Kadeuce loaned Brenton that bike, that expensive, high-status bike, because Brenton was, in fact, a member of the Five Kings? No, I asked Kadeuce.
He said the bike was his.
You believe a known gang member? I believe a boy I've known since he was a child.
[SAM.]
Do you have any family members who were involved with the Kings? Your youngest brother, Seth.
He was a known member.
Isn't that true? Seth got out, enlisted in the Air Force, served his country.
He never would've involved Brenton in any of that.
[SAM.]
Still, with so many gang members in his life, you must've been afraid that he'd get caught up in that world.
Can you tell me about an incident involving Social Services from September 2016? Apparently, Brenton went to class with a mark across his calves.
[ISAIAH.]
I, um I had disciplined him with a belt.
He hadn't come home that night.
And I used the belt just that one time, never again.
My son was an upstanding young man.
And yet, the teacher called Social Services.
- She was that alarmed by the bruising.
- Objection, hearsay.
Your Honor, I'd like to submit these records from Child Protective Services dated September 5th, 2016, Exhibit D-2.
[BABY COOS.]
[SAM.]
Mr.
Butler, you were scared, because you didn't know where Brenton had been that night.
Is that correct? Yes.
And you don't know if Kadeuce had recruited him into the Kings.
He didn't belong And you don't know why he was in Liberty Park that morning.
I do know why.
He was cutting through the park to go to school.
"Cutting through"? That park is halfway across the city from his home, his school.
Why would he bike there to get to school? No further questions.
[SOFTLY.]
He was with another boy.
Speak up, Mr.
Butler.
[VOICE BREAKING.]
He was with another boy.
He spent that night with him.
And then Brenton went on to school that morning after.
And that boy he was my son's friend.
[EXHALES.]
I'd like to move that last statement be stricken from the record.
- [KJ.]
Your Honor, on what grounds? - [SAM.]
Hearsay.
The witness will say anything to protect his son.
She can't just assume that he's lying! Sustained.
Counselor, tone.
That portion of the testimony will be stricken from the record and Your Honor.
I know who the boyfriend is.
I'd like to add him as a witness, and I request that he be allowed to testify in camera to protect his identity.
[INDISTINCT MURMURING.]
[DOLAN.]
Thank you, Officers.
Young man, please have a seat over here.
I want a lawyer.
I know my rights.
You don't need a lawyer.
You're being called as a witness.
About what? And this court can compel you to testify.
Testimony was given today about your relationship with Brenton Butler.
Look, Brenton wasn't no King.
- So can I go now? - [DOLAN.]
No.
That's not what we're asking.
- [KADEUCE SIGHS.]
- Counselor, your witness.
[KJ.]
Uh - Kadeuce, I know this is hard.
- You do? You know how it look, cops pulling up on the corner, bringing me in here? Your testimony will be sealed.
What we need to know is the nature of your relationship with Brenton.
My relationship? What was the exact nature of your relationship with Brenton Butler? I don't know what you talking about.
I know this is difficult, but please, if you can tell us Objection.
He's already given his answer.
Who the fuck is she? You will watch your language in my presence, young man.
Your Honor, this is a delicate matter.
Some leeway, please.
Overruled.
For the moment.
Mr.
Butler claims you told him that you know where Brenton was the night before the accident.
Can you tell us? And also, who he was with, if anyone? Brenton he and me were together that night.
I ain't never had no home where I felt like I belonged.
Like I wasn't a burden on folks.
I was a burden on everybody.
But not to Brenton.
Not to him.
[SOFT SOBBING.]
[DOOR SLAMS SHUT.]
Mr.
Butler's testimony will remain in the record and the court will provide the jury with transcripts of supporting testimony given in camera, which will otherwise remain sealed.
We've accomplished enough for one day.
Court is adjourned until 10:00 a.
m.
This way.
[INDISTINCT CHATTER.]
[SPEAKING INDISTINCTLY.]
You had a good day today.
Congratulations.
You should celebrate, have a drink.
Thank you.
- I did it for Brenton.
- I know.
But if you ever need a place to lie low, come see me, you understand? I got a lot more room these days.
I been surviving this place my whole life.
I ain't need nothing from you then, and I don't need it now.
What you looking at? Go back to work.
[SOLDIER.]
I do so solemnly swear that I will support and defend [ALL.]
I do solemnly swear that I will support and defend [SOLDIER.]
The Constitution of the United States [ALL.]
The Constitution of the United States Against all enemies, foreign and domestic.
[ALL.]
Against all enemies, foreign and domestic.
[SOLDIER.]
Congratulations.
You made a great decision.
[APPLAUSE.]
[INDISTINCT CHATTER.]
Marcelle told me that you wouldn't even let her come, and I said there's no way I was gonna let you ship off without saying bye.
No, I already put y'all through it once, so Figured you didn't need a repeat of that.
Are you sure about this? I ain't got nowhere else to go.
Come home.
Least over there, I know who the enemy's supposed to be.
That gun that I got from Vontrell to kill Jablonski? It was greenlit by another cop.
His higher-up.
Di DiAngelo.
These motherfuckers are making bank off our people's blood.
I should have never put that on you.
- I gotta go.
- Please, Seth.
- I - Stay.
- Tricey.
- Stay for me.
Stay for your brother.
Please.
I gotta go.
Bye, Trice.
Bye, Tricey.
[MARIE.]
Petey.
- Petey.
- [PETE.]
Mmm.
There's someone out back.
[BREATHING HEAVILY.]
[COCKS GUN.]
[MARIE BREATHING HEAVILY.]
[DOG BARKING IN DISTANCE.]
Fuck.
Can't sleep.
You too, huh? No, what are you doing here? [EXHALES SHAKILY.]
Worst part about this shit is you can't talk to nobody.
Who'd understand? Please, Petey, tell me.
You gotta tell me the truth.
Did you see that kid before you killed him? Hmm? You ever hear him in your head? It was an accident.
And whatever you did was not the same.
No, not even close.
How do you sleep? I can't.
I can't sleep.
[SNIFFS.]
[GASPS.]
What are you doing in my house? Get out.
I ain't gonna hurt you.
This shit's gonna end, T.
Where you gonna be at? Hmm? Think about it.
Your cousin, me, all gone.
If you get on that stand and testify against family He's not my family.
Okay.
What about your kid? Is the baby mine? You Catholics and your rhythm method, huh? Stay away from me.
Come on, T, I ain't gonna hurt the mother of my child.
Come on.
[TERESA SIGHS.]
How could he leave him out there to die? He didn't.
He thought the kid was dead.
Petey's a good guy, okay? You and me, we got our differences with him, but he's family.
And you gotta accept family.
Severe hypothermia, cardiac arrhythmia, massive blood loss.
And a concave fracture to his skull.
I immediately moved Mr.
Butler to an operating room to more safely assess the injuries to his head.
[KJ.]
How severe were Brenton's injuries? [DOCTOR.]
Severe.
I had to cut away his jacket and hood.
The hood itself was tightly cinched, and therefore keeping parts of his skull intact, I had to be careful not to displace the fragments.
[KJ.]
Why is that? If I had just removed the hood, skull shards would've dug into the brain and caused further damage.
[KJ.]
Despite all this, you testified before the grand jury that Brenton could've lived had he been found earlier.
Yes, but ultimately the damage due to blood loss was too great.
It caused organ failure, necrotizing tissue, and further brain damage.
His body just gave out.
[LOW MURMURS IN CROWD.]
No more questions, Your Honor.
[DOLAN.]
Does the defense wish to cross? No, Your Honor.
Brenton's injuries were consistent with impact from an SUV weighing approximately 4,100 pounds, traveling at no less than 60 miles per hour.
Does the 2014 Ford Escape registered to Marie Jablonski, Officer Peter Jablonski's wife, match the vehicle that hit Brenton? Yes.
And is the match, and make, and model the only thing that links the Jablonski's car to the accident? [MAN.]
No, we recovered paint chips from the victim's hair.
We conducted a type match analysis and confirmed it was OF4D92, Yale Blue.
What color was the defendant's car, according to purchase records? OF4D92, Yale Blue.
[SAM.]
Your Honor, objection.
This is all speculation.
[DOLAN.]
I'll allow Ms.
Harper to continue her line of questioning.
Now, an SUV driver sits high above the undercarriage.
Is it possible Officer Jablonski hit Brenton without realizing that he was a human being? [MAN.]
Brenton was moving perpendicular to the defendant's direction of motion.
And on a bike, the driver should have had a clear profile of the victim.
If I were Brenton, the driver would've seen me cross his field of vision, like this, as he hit me with his car.
- Is that a fair assessment? - It is.
So Officer Jablonski had every reason to stop after impact and no reason to doubt that he hit a young black boy.
None whatsoever.
- No further questions, Your Honor.
- [BABY COOS.]
Is it unusual such a small amount of paint was recovered from Brenton's body - and none was found on the bike? - Not really.
Since Brenton was washed in the ER, we were lucky to recover anything.
As for the bike, you might expect to see more paint, but that depends on where the car made impact.
Hmm.
But absent finding the car that hit Brenton, you can't definitively link any vehicle to Brenton's death? No, not definitively.
However, the paint is a match for the factory job on the defendant's car.
That's as good a match as you'll get.
Mmm.
Your Honor, I'm trying to understand this moment of impact.
I'd like to use Exhibit S-8 for demonstrative purposes.
I'll allow it.
[SAM.]
You said that Brenton crossed perpendicular to the driver's line of sight.
Are you confident in that assessment? Yes, I am.
So imagining that you're the driver, this is approximately what you would see through the windshield? That's correct.
[SAM.]
If you recall, the surgeon testified that Brenton's hood was cinched tightly around his face.
She had to cut it off.
Can you tell the race of the rider now? I can't see his face.
[LOW MURMURS.]
I'd like the members of the jury to imagine that they are the driver.
Can you see this person's face? And remember, your line of vision is not obstructed by a windshield, or the falling snow, and you're not going 60 miles an hour.
[LOW MURMURS CONTINUE.]
How can an accident be a hate crime if you can't tell the race of the victim? My client did not hit this young man, but regardless, whoever did did not commit a hate crime.
No further questions, Your Honor.
Ms.
Harper.
Redirect? Given this witness's testimony, I move to vacate the hate crime charges against my client.
[OVERLAPPING ANGRY SHOUTS.]
[SCATTERED APPLAUSE.]
[DOLAN.]
Order in the court! [POUNDING GAVEL.]
Order!
Where are you, Nadine? [SIREN WAILING IN DISTANCE.]
The witness has a history of running away, but we're confident we'll locate her.
I just need an adjournment.
I'm sorry, given the public turmoil this whole situation has stirred up, I think it's best we proceed as scheduled.
Then I'd like to read the witness' testimony into the record Your Honor, that is a clear violation of my clients' Crawford rights.
I'm not about to subvert due process because the State misplaced its witness.
Find her, Counselor.
Trial will begin as scheduled.
Needless to say, I'll move to have the case dismissed as soon as possible.
I think Dolan will grant it.
As long as your witness doesn't show up, you three are in the clear.
Lucky you.
[PETE.]
And what about my case? [SAM.]
Without aggravated manslaughter, you're still on the hook for death by auto.
But the State's case is all circumstantial.
Trial will come down to a choice between two narratives, hero cop versus a prosecutor playing the race card.
Teresa Tonelli's on the prosecution's witness list.
Your wife's cousin? Yeah.
In an ideal world, she would say nothing about the truck or whatever transpired between the two of you when she borrowed it.
That would be ideal.
So, what we need to do I need to see Pete alone.
Given the circumstances he might become my sole client.
So, we need some privacy.
You're in good hands.
[DOOR CLOSES.]
I want you to know, I got nothing to do You want absolution? Find a priest.
I don't fucking care.
All I care about is clearing a cop's name so that people don't grab for their fucking camera phones every time they spot a badge.
Hey.
Osorio.
We're in the homestretch, okay? We gotta keep the kid calm.
He gets nervous, makes a deal, it all falls apart.
You gotta keep it together, all right? I already did my part.
- Hey! - Don't tell me what to do.
Crazy running into you kids here.
Yeah, funny.
My dentist is in this building.
Good guy, great drill work.
If y'all ever need a, uh, root canal, you let me know, okay? Let's bounce.
Game's on, gonna miss the tip.
No, hold up, hold up.
Um, I need a little help finding a witness.
Fifteen-year-old kid, junkie, purple streak in her hair.
I know you know her.
Remember that picture I showed you? Why don't you get a canine search and rescue on it? Wait, what am I talking about? You got all those dogs, so, why don't you give them one of her panties to sniff? Aah.
Nah, I'll let that one slide, D.
But when I find my witness, if she tells me you so much as looked at her What are you gonna fucking do, Fish? You lost your witness.
Don't come at me 'cause you're shit police.
Hey, Fish, you like birds? See you guys later.
Perception will be key, so I need you to sit together in court.
The jury will notice.
I hope that's not a problem.
It isn't.
Good.
As Brenton's mother, your testimony is so critical.
The jury needs to see your son through your eyes.
Let them feel your love and your pain.
Half of them have children, so if you feel emotional, if you need to cry, don't be afraid to let them see that.
The defense will come at you hard.
She'll claim Brenton was a gang member, she'll paint you as a clueless parent.
But I know who my child is.
She'll mention the Port Authority arrest last summer since you were the one to pick Brenton up and pay the DEDR penalty.
And that's why you needed that $500.
- Brenton - You said it was for the car.
Brenton begged me not to say anything - You should've told me! - [KJ.]
Mr.
Butler, we need to focus.
We have just one day before trial.
We need to be on the same side.
We can't afford to let the jury see this whatever this is going on between you two.
You don't have to worry about me.
Okay.
We need to talk about Seth.
I know how much Brenton meant to him, but his ties to the Five Kings only hurt us.
So, the best thing that he can do is stay away.
[KNOCKING ON DOOR.]
Marcelle's out with the kids.
I came to see you.
About the trial.
The prosecutor doesn't want you to testify.
What with your Five Kings, your past.
Yeah, I figured as much.
Um She also doesn't want you to be at the trial.
Said it won't look good.
Whatever it takes.
Whatever it takes to get justice for little man.
- Okay.
- I won't make no trouble.
Good.
Going back already? Thought all you wanted was to be home again.
Home ain't here.
Not no more.
[DISPATCHER.]
Respond to Lindenhurst marshlands to assist other officers.
911 call received about female victim, Caucasian, - 14 to 18 years old.
- [SIREN WAILING.]
EMT units en route.
[ENGINE ROARING.]
- [CAMERA SHUTTER CLICKS.]
- [INDISTINCT POLICE RADIO CHATTER.]
[GULLS SQUAWKING NEARBY.]
- [INDISTINCT CHATTER.]
- [CAMERA SHUTTER CLICKING.]
Fish.
It's not her.
There's no purple in her hair.
Come on.
Let's go.
[FISH.]
Ah, that can't be her.
[GROANS.]
Fish! The State's case against three of my clients rests entirely on this witness's testimony.
I move to dismiss the charges against them.
Counselor, any response to that? My witness turns up dead the day before trial.
That doesn't bother anyone? She was a heroin addict who in my understanding, overdosed.
It's a tragedy, but not a crime.
Your Honor, if you dismiss, without prejudice, please.
In case any further evidence comes to light.
Preliminary rapid tox came back positive for heroin.
That plus the needle mark at the right interior forearm with the discoloration around it.
Preliminary cause of death looks like acute heroin toxicity.
Pending final tox results, I'm gonna call MOD an accident.
You're saying she OD'd? You're wrong.
That's wrong.
- [DETECTIVE.]
Rinaldi.
- Huh? Hey.
The kid's a junkie.
Come on, you said it yourself.
[ELEVATOR DOORS OPEN.]
[APPROACHING FOOTSTEPS.]
[EVELYN.]
No.
No.
[EVELYN SOBBING.]
But she said she saw them.
She made a statement, didn't she? - Why can't the jury know that? - It's not admissible.
A defendant has a constitutional right to confront an accuser in court.
What about Brenton's rights? They weren't thinking about his rights when they left him to die in that ditch.
We lost our son.
We lost everything.
And now you're telling me he'll only get five years? Without the conspiracy charges, auto death carries a sentence of five to ten years.
But as the defendant is a police officer, he has certain protections.
Oh.
[BREATHES HEAVILY.]
In similar cases, I've never seen a sentence of more than five years.
And it is likely that he will serve less than that.
[BREATH TREMBLING.]
[LATRICE EXHALES HEAVILY.]
I will do everything in my power to ensure he serves more.
[LATRICE GROANS.]
[DOOR OPENS, SLAMS SHUT.]
[ISAIAH SCOFFS.]
I'll do everything I can.
I promise.
I Yeah.
Everybody promises.
You know, when I was growing up, I always thought that, uh I was different.
And I believed.
And I had faith.
So, you're always thinking you're protected, you know, nothing's gonna touch me.
Nothing gonna touch my family.
And then something happens.
And then you realize.
Because it ain't just happening to me.
It ain't just happen to my son.
It's happening to black boys all over.
I'll do everything in my power to ensure he serves more than that.
He will pay for what he did.
Really? [PETE.]
A hate crime? And what does that mean? The assistant prosecutor is alleging that you left Brenton Butler for dead because of his race.
He didn't know his race, he didn't even see him.
If she can prove it's a hate crime, and you're convicted of auto death, your sentence will be enhanced, substantially.
And what are we talking? Auto death is five to ten years.
With this particular enhancement, you're looking at 20 to 30 years.
Jesus Christ.
She'll go after character, your history, any sort of racial bias in your past.
Let's get to work.
We don't have a lot of time.
Can you put coffee on? I take mine black.
Marie.
I want you in court tomorrow with that baby.
Every day, bring that baby.
Understood? - [CAMERA SHUTTERS CLICKING.]
- [PROTESTORS SHOUTING INDISTINCTLY.]
[WOMAN.]
Killer! [DEPUTY.]
All rise.
The honorable Judge Robert Dolan presiding.
[DOLAN.]
Case Number 824403-2017, the State of New Jersey v.
Peter Jablonski.
Is the State ready to give its opening statements, Ms.
Harper? Yes, Your Honor.
[KJ SIGHS.]
This case is clear and simple.
On the morning of February 15, 2017, as he drove through Liberty Park, Officer Peter Jablonski hit 15-year-old Brenton Butler and fled the scene of his crime.
Cell records place Officer Jablonski in the park, and blue paint chips recovered from Brenton's body match the blue Ford Escape registered to the defendant's wife, a car which is now mysteriously missing.
After he hit Brenton, Officer Jablonski did not stop and render aid, as was his duty as an officer of the law.
Instead, he made the heartless calculation that this young black boy's life mattered less than his own future.
And he left Brenton in that ditch as a blizzard blanketed this city.
Brenton lay there for 12 hours.
But it took Officer Jablonski only a moment, a few seconds maybe, to deny a boy his life and ruin the lives of everyone who loved him.
The reason the State has characterized this as a hate crime is that when Officer Jablonski made that decision, he acted under the biased belief that this young black child's life was disposable.
As we will demonstrate from his record and his personal history, Officer Jablonski's prejudices led him to believe that no one would care enough to properly investigate Brenton's death.
And no one would be willing to convict him for killing this child.
You have the power to prove him wrong.
[BABY COOING.]
The State would like you to believe its case is simple and straightforward.
If they believe it's simple, it's because their facts are slight.
If they tell you it's straightforward, that's because they don't want you to notice the holes.
They have built a circumstantial case selectively assembled to cast guilt on my client, a young officer with a new family, a stellar record, and a profound sense of integrity.
The only reason the State can tie him to that park at all is because he was doing his job.
Someone hit Brenton Butler, and it is a tragedy.
But this was in all likelihood a gang-related death, not a hate crime.
The very fact that the State has brought this charge at all tells you that this trial is a politically motivated stunt designed to placate a city that has been torn apart by the death of this young boy.
Yes, race is a painful issue in this country.
And yes, prejudice and bias are despicable realities.
But the law is blind to all but the facts, and so must you be.
[BABY COOS.]
You may proceed, Counselor.
The State would like to call to the stand Sergeant Michael DiAngelo.
[DOOR OPENS.]
[DOOR CLOSES.]
[DEPUTY.]
Swear to tell the truth, the whole truth and nothing but the truth, - so help you God? - I do.
[DIANGELO CLEARS THROAT.]
Can you state your name and rank for the record? Michael DiAngelo.
Sergeant, Special Investigations, Anti-Gang and Drug Unit, Jersey City Police Department.
And what exactly does your job entail? I investigate the possession and distribution of narcotics and the criminal street gangs associated with the city's drug trade.
And do you arrest these criminals or do you just investigate them? Objection.
Your Honor, she's badgering her own witness.
[DOLAN.]
Ms.
Harper, keep to the point.
I'd like to mark this report dated February 15th, 2017 as Exhibit S-1.
It says you and Officer Wilcox were executing a controlled buy at the Riverside Projects on the morning of February 15th from approximately 6:00 a.
m.
to 9:00 a.
m.
Is that correct? - If that's what I wrote.
- It is.
Officer Jablonski wasn't present? Or Officer Osorio? They were both there.
Jablonski wasn't an official member of my team yet, and Osorio I left off by mistake.
Hmm.
Can the clerk please mark tower records from American Telephone and Telegraph, tower NJ-148NJC as Exhibit S-2.
Sergeant, according to these records, at the times indicated in your report, your cell phone made several calls from a tower serving Liberty Park, placing you either within the park or very close to its boundary.
Well, most arrests don't happen at an exact address.
They happen in the general vicinity.
Criminals tend to, uh They They move around.
Your phone placed a six-minute call to Officer Jablonski's phone at 6:45 a.
m.
According to Bayonne Hospital security footage, Officer Jablonski didn't arrive until 7:33 a.
m.
Can you account for his whereabouts during those 42 minutes? [DIANGELO.]
Me personally? No.
[KJ.]
From the location you were actually at to Bayonne Hospital is routinely a 15-minute drive at 7:00 a.
m.
- If you say so.
- Google Maps says so.
That leaves 27 minutes you can't account for.
Twenty-seven minutes during which Officer Jablonski could have been driving through Liberty Park.
- That's possible, I suppose.
- [KJ.]
It is.
And isn't it also possible that during that 27 minutes Officer Jablonski hit Brenton Butler and drove away? No.
Petey did not kill that kid.
But you can't know that, Sergeant.
Well, unless you were there in the park with him.
Can you? I understand today in court is not your first encounter with Ms.
Harper.
My unit interacts with prosecutors a lot.
I've met Ms.
Harper before.
Can you tell me about your interaction with Ms.
Harper on March 8th? She didn't agree with my tactics in an investigation.
She, uh She called me a "son of a bitch.
" - So, clearly, she has an ax to grind.
- Objection! Relevance.
Well, it goes to motivation.
Prosecutor's bias led to these charges.
Sustained.
How the AP does her job is not on trial here.
Sergeant, in your experience, is Liberty Park associated with gangs and drugs? It is.
In your expert opinion, could a teenager left for dead in that park have been the victim of gang retaliation made to look like a hit-and-run? I'd say that is definitely possible.
Thank you, Sergeant.
No further questions.
[KJ.]
Officer Osorio, are you a native Spanish speaker? Yeah.
And have you ever personally felt singled out on the job when you spoke Spanish? We don't see color, we see blue.
[KJ.]
That's department policy, isn't it? Not to discriminate based on race or creed? Yeah.
You know that.
Have any of your co-workers in the Jersey City Police Department ever used racial epithets? - No.
- [KJ SCOFFS.]
Really? Objection.
Your Honor, the State is fishing.
Your Honor, I'm trying to establish a culture of racial attitudes that may have affected the defendant's state of mind.
I'll allow it, but get to the point with the next question, Counselor.
In Officer Jablonski's arrest record, both while in your unit and in the East District, there are disproportionate arrests of individuals of color.
As a Puerto Rican officer, are you really telling me that race doesn't matter? Not in my experience.
Are you lying to protect your fellow officer? Objection! Your Honor.
Apologies, Your Honor.
That's all I have.
[KJ.]
Can you state your name, please? Peter Matthew Jablonski.
[KJ.]
And what is your relationship to the defendant? I'm his father.
I understand you and Mr.
Jablonski's mother separated when he was a child.
Were you involved at all in his upbringing? Well, just because she and I called it quits doesn't mean I was gonna leave him in the lurch.
I had him weekends, some weekends, and, you know, I tried to teach him stuff that I learned the hard way, so he didn't have to.
[KJ.]
Were you with him during the incident that occurred on July 30th, 2004? Yeah, I was there.
I'd like to mark Exhibits S-4A and S-4B at this time.
Proceed.
[INDISTINCT MURMURING.]
- Can you tell us what happened? - Sure.
[INHALES.]
Petey was kind of a runt in high school, and this corner kid was always picking on him.
Ah, one time Pete saved up for some Jordans, and sure enough, that little thug jumped him.
Stole them.
Now I don't know about you, but no son of mine's gonna leave a beating unanswered, so I showed him a couple of moves, and then I marched him right on down back there.
Petey destroyed that kid.
[CHUCKLES.]
Taught that animal a lesson.
And do you think this incident might have left your son with any reason for racial animus? Oh.
Yeah, okay.
You're black, I'm white, bottom line.
I got eyes.
You know, the trouble comes when when we pretend like people aren't who they are.
[LOW MURMURS.]
No further questions, Your Honor.
Isn't it true you haven't spoken to your son since he was 18? That is until February 23rd, when he continued to insist on no contact.
That sounds like his mother talking.
Would it have anything to do with the abuse he and his mother suffered at your hands? Your Honor, I'd like to mark this Jersey City Hospital report from August 28th, 1995 Exhibit D-1.
Broken arm.
Dislocated shoulder.
Two broken ribs, extensive bruising on arms, back, neck, and face.
How old was your son when you did this to him? I don't remember exactly.
This was an accident.
He was six, Mr.
Jablonski.
Your son was six years old.
[INDISTINCT MURMURING.]
You okay? Osorio looked like shit up there.
You talk to him lately? Ah, I figure we'll give him some space.
He'll talk when he's ready.
All right? - All right.
- Okay.
- Ms.
Harper, can we get a statement? - Ms.
Harper! Is Officer's Jablonski's alleged crime part of a larger culture at the JCPD? [KJ.]
One can't help but wonder why an officer of the law like Mr.
Jablonski chose to leave a young black child to die in a ditch.
You fucked up.
I don't know what the fuck you're talking about, Fish.
Medical examiner said she shot up.
She didn't use needles.
Okay.
A heroin junkie who's health conscious, that's nice.
- Hey! - [FISH.]
You fucked up, motherfucker! Yeah, you did! I fucking got you, you piece of shit! Got nothing, motherfucker.
You got nothing! Get the fuck off me! Get the fuck off.
- Ms.
Harper, what do you think of that? - [OVERLAPPING QUESTIONS.]
Oh, hey.
Welcome to my home.
[SNIFFS.]
Uh, I talked to Connelly.
[FISH.]
Hmm.
He's gonna make sure you only get yelled at.
A little.
I'm sorry.
Do not apologize.
He deserved it.
God.
[SNIFFLES, SIGHS.]
We can still get them.
If I can flip Jablonski, then [PROTESTORS, GROUP 1.]
Black lives matter! Black lives matter! [PROTESTORS, GROUP 2.]
Support our cops! Support our cops! [INDISTINCT CHATTER.]
They subpoenaed me.
Said I had to be here.
Whatever you say up there, don't hurt us.
Are you asking me to lie? Better take care of your girl.
[INDISTINCT CHATTER.]
You got it? Come on.
Look at this guy, huh? What's going on with this hat? What's going on with the hat? Know what I mean? What's this? What is this? [DIANGELO CHUCKLES.]
Tell me about the seagulls.
Brenton loved them.
I don't know how it started, but they were everywhere.
On napkins, notebooks, the wall in his bedroom.
And he would make these little papier-mâché ones too.
He gave those to the people he loved.
And you found one of those papier-mâché seagulls in Brenton's hospital room after the accident? Yes, on his bed.
Someone had put it there.
That man.
How do you know that? Because I saw him the night before in Brenton's room.
I went to pray with my husband and our church.
And when I came back, he was there, standing over Brenton.
He asked me if if he was gonna live.
And then he claimed he was in the wrong room and ran out.
I'd like to present these photos, previously marked as Exhibits S-5A and S-5B.
This is the seagull from Brenton's bike.
Is that the seagull that you recovered from Brenton's room after your encounter with the defendant? Yes, it is.
Mrs.
Butler, why do you think that Officer Jablonski would remove evidence from the crime scene, and then leave it in the hospital room of the victim? Because he felt guilty.
He knew what he did to my son.
He knew [BREATH QUAVERING.]
He knew.
[KJ.]
Thank you.
No further questions.
[BABY COOS.]
Mrs.
Butler, please let me convey my deepest sympathy for your loss.
I know this must be very hard for you.
It's never hard to talk about my son.
And I understand you must have wanted answers after this tragedy.
Who did this? Why was Brenton in that park that morning? Objection! Is there a question for the witness? [SAM.]
I'll rephrase.
You were searching for answers, Mrs.
Butler.
Is that why you followed my client? Why you waited outside of his house? I knew he knew something.
How many times did you go to his house? - I don't remember exactly.
- More than twice? - Three, four times maybe? - Maybe.
Does that include the time you accosted him at the Greenplace Market in Bayonne? He was avoiding me.
This is what I'm struggling to understand, Mrs.
Butler.
My client could have brought that seagull out of sympathy, no? Why did you assume it meant he killed your son? I didn't at first.
Is it possible you had answers, Mrs.
Butler, just not the ones you wanted? I don't understand the question.
Let me give you a concrete example.
Why did you pick up Brenton at Port Authority on August 4th, 2016? - Objection! - Overruled.
The issue has already been decided.
Answer the question.
He had been arrested.
Right.
In the company of Kadeuce Porter, for criminal possession of narcotics with the intent to distribute.
It was two joints.
I worked at St.
Peter's school.
Half those kids had ten times that amount in their locker.
How many of them have been arrested with a known member of the largest street gang in Jersey Brenton wasn't in a gang.
- How can you be so sure? - Because I'm his mother.
Isn't it possible he might have kept his gang affiliation from you precisely because you're his mother? No! I know my son.
I would've known.
Do you know why he was in Liberty Park that morning? No.
Are you still employed at St.
Peter's Prep? Not currently.
I understand it's been hard since Brenton's death.
You and your husband both lost your jobs.
You have a mortgage on a new house.
What What does this have to do with Brenton? Have you ever met Jay Sterling? [LATRICE.]
Yes.
[SAM.]
Jay's an accomplished civil litigator.
He has a lot of experience with wrongful death suits against municipalities.
Is that why you sought him? No, he he he said that he could help get justice for Brenton.
You mean with a civil suit.
- No.
- That's how it works, right? You get a criminal conviction and the city almost guarantees you a generous offer.
It wasn't about the money, it was about making him tell the truth.
Of course.
But the money would help.
No further questions, Your Honor.
[LATRICE.]
I failed him.
I failed Brenton.
You showed them who Brenton was.
- And the jury won't forget that.
- No.
The money.
That's all they'll remember is the money.
It's like they killed Brenton all over again.
I need to testify.
Mr.
Butler, she's gonna try and do the exact same thing to you, - and if you waver at all - I won't.
I won't.
[KJ.]
Why did you move, Mr.
Butler? [ISAIAH.]
Grew up all my life in those projects.
I promised myself one thing: when I had a family, I was gonna get them out of there as soon as I could.
[KJ.]
So you saved up for this house? Took me near on ten years.
But yes, I did.
And I don't need any settlement from the city to pay my mortgage.
I pay my own bills, always have.
And was part of the reason you moved to get Brenton out of the projects? Yes.
When a boy reaches a certain age, the world has a way of asserting itself.
I don't want that for Brenton.
He wasn't built for that.
He was different.
Mr.
Butler, did you see any evidence that Brenton was involved in gang activity of any kind? No.
He was not in a gang.
And that bike he was on, the one the Kings ride? It wasn't his.
You mean the bike Brenton was riding when he was hit? Yeah.
A friend loaned it to him.
And what makes you so certain that your son wasn't in the Five Kings? When you're a King, you gotta front, act hard, be ready to throw down at any time.
My son wasn't hard.
He was kind and good.
Sweet.
Still wore the clothes his mama bought for him.
No further questions, Your Honor.
Whose bike was it, Mr.
Butler? It was his friend, Kadeuce Porter.
The same Kadeuce Porter that Brenton was arrested with? Yes.
[SAM.]
Isn't it possible, or even likely, that Kadeuce loaned Brenton that bike, that expensive, high-status bike, because Brenton was, in fact, a member of the Five Kings? No, I asked Kadeuce.
He said the bike was his.
You believe a known gang member? I believe a boy I've known since he was a child.
[SAM.]
Do you have any family members who were involved with the Kings? Your youngest brother, Seth.
He was a known member.
Isn't that true? Seth got out, enlisted in the Air Force, served his country.
He never would've involved Brenton in any of that.
[SAM.]
Still, with so many gang members in his life, you must've been afraid that he'd get caught up in that world.
Can you tell me about an incident involving Social Services from September 2016? Apparently, Brenton went to class with a mark across his calves.
[ISAIAH.]
I, um I had disciplined him with a belt.
He hadn't come home that night.
And I used the belt just that one time, never again.
My son was an upstanding young man.
And yet, the teacher called Social Services.
- She was that alarmed by the bruising.
- Objection, hearsay.
Your Honor, I'd like to submit these records from Child Protective Services dated September 5th, 2016, Exhibit D-2.
[BABY COOS.]
[SAM.]
Mr.
Butler, you were scared, because you didn't know where Brenton had been that night.
Is that correct? Yes.
And you don't know if Kadeuce had recruited him into the Kings.
He didn't belong And you don't know why he was in Liberty Park that morning.
I do know why.
He was cutting through the park to go to school.
"Cutting through"? That park is halfway across the city from his home, his school.
Why would he bike there to get to school? No further questions.
[SOFTLY.]
He was with another boy.
Speak up, Mr.
Butler.
[VOICE BREAKING.]
He was with another boy.
He spent that night with him.
And then Brenton went on to school that morning after.
And that boy he was my son's friend.
[EXHALES.]
I'd like to move that last statement be stricken from the record.
- [KJ.]
Your Honor, on what grounds? - [SAM.]
Hearsay.
The witness will say anything to protect his son.
She can't just assume that he's lying! Sustained.
Counselor, tone.
That portion of the testimony will be stricken from the record and Your Honor.
I know who the boyfriend is.
I'd like to add him as a witness, and I request that he be allowed to testify in camera to protect his identity.
[INDISTINCT MURMURING.]
[DOLAN.]
Thank you, Officers.
Young man, please have a seat over here.
I want a lawyer.
I know my rights.
You don't need a lawyer.
You're being called as a witness.
About what? And this court can compel you to testify.
Testimony was given today about your relationship with Brenton Butler.
Look, Brenton wasn't no King.
- So can I go now? - [DOLAN.]
No.
That's not what we're asking.
- [KADEUCE SIGHS.]
- Counselor, your witness.
[KJ.]
Uh - Kadeuce, I know this is hard.
- You do? You know how it look, cops pulling up on the corner, bringing me in here? Your testimony will be sealed.
What we need to know is the nature of your relationship with Brenton.
My relationship? What was the exact nature of your relationship with Brenton Butler? I don't know what you talking about.
I know this is difficult, but please, if you can tell us Objection.
He's already given his answer.
Who the fuck is she? You will watch your language in my presence, young man.
Your Honor, this is a delicate matter.
Some leeway, please.
Overruled.
For the moment.
Mr.
Butler claims you told him that you know where Brenton was the night before the accident.
Can you tell us? And also, who he was with, if anyone? Brenton he and me were together that night.
I ain't never had no home where I felt like I belonged.
Like I wasn't a burden on folks.
I was a burden on everybody.
But not to Brenton.
Not to him.
[SOFT SOBBING.]
[DOOR SLAMS SHUT.]
Mr.
Butler's testimony will remain in the record and the court will provide the jury with transcripts of supporting testimony given in camera, which will otherwise remain sealed.
We've accomplished enough for one day.
Court is adjourned until 10:00 a.
m.
This way.
[INDISTINCT CHATTER.]
[SPEAKING INDISTINCTLY.]
You had a good day today.
Congratulations.
You should celebrate, have a drink.
Thank you.
- I did it for Brenton.
- I know.
But if you ever need a place to lie low, come see me, you understand? I got a lot more room these days.
I been surviving this place my whole life.
I ain't need nothing from you then, and I don't need it now.
What you looking at? Go back to work.
[SOLDIER.]
I do so solemnly swear that I will support and defend [ALL.]
I do solemnly swear that I will support and defend [SOLDIER.]
The Constitution of the United States [ALL.]
The Constitution of the United States Against all enemies, foreign and domestic.
[ALL.]
Against all enemies, foreign and domestic.
[SOLDIER.]
Congratulations.
You made a great decision.
[APPLAUSE.]
[INDISTINCT CHATTER.]
Marcelle told me that you wouldn't even let her come, and I said there's no way I was gonna let you ship off without saying bye.
No, I already put y'all through it once, so Figured you didn't need a repeat of that.
Are you sure about this? I ain't got nowhere else to go.
Come home.
Least over there, I know who the enemy's supposed to be.
That gun that I got from Vontrell to kill Jablonski? It was greenlit by another cop.
His higher-up.
Di DiAngelo.
These motherfuckers are making bank off our people's blood.
I should have never put that on you.
- I gotta go.
- Please, Seth.
- I - Stay.
- Tricey.
- Stay for me.
Stay for your brother.
Please.
I gotta go.
Bye, Trice.
Bye, Tricey.
[MARIE.]
Petey.
- Petey.
- [PETE.]
Mmm.
There's someone out back.
[BREATHING HEAVILY.]
[COCKS GUN.]
[MARIE BREATHING HEAVILY.]
[DOG BARKING IN DISTANCE.]
Fuck.
Can't sleep.
You too, huh? No, what are you doing here? [EXHALES SHAKILY.]
Worst part about this shit is you can't talk to nobody.
Who'd understand? Please, Petey, tell me.
You gotta tell me the truth.
Did you see that kid before you killed him? Hmm? You ever hear him in your head? It was an accident.
And whatever you did was not the same.
No, not even close.
How do you sleep? I can't.
I can't sleep.
[SNIFFS.]
[GASPS.]
What are you doing in my house? Get out.
I ain't gonna hurt you.
This shit's gonna end, T.
Where you gonna be at? Hmm? Think about it.
Your cousin, me, all gone.
If you get on that stand and testify against family He's not my family.
Okay.
What about your kid? Is the baby mine? You Catholics and your rhythm method, huh? Stay away from me.
Come on, T, I ain't gonna hurt the mother of my child.
Come on.
[TERESA SIGHS.]
How could he leave him out there to die? He didn't.
He thought the kid was dead.
Petey's a good guy, okay? You and me, we got our differences with him, but he's family.
And you gotta accept family.
Severe hypothermia, cardiac arrhythmia, massive blood loss.
And a concave fracture to his skull.
I immediately moved Mr.
Butler to an operating room to more safely assess the injuries to his head.
[KJ.]
How severe were Brenton's injuries? [DOCTOR.]
Severe.
I had to cut away his jacket and hood.
The hood itself was tightly cinched, and therefore keeping parts of his skull intact, I had to be careful not to displace the fragments.
[KJ.]
Why is that? If I had just removed the hood, skull shards would've dug into the brain and caused further damage.
[KJ.]
Despite all this, you testified before the grand jury that Brenton could've lived had he been found earlier.
Yes, but ultimately the damage due to blood loss was too great.
It caused organ failure, necrotizing tissue, and further brain damage.
His body just gave out.
[LOW MURMURS IN CROWD.]
No more questions, Your Honor.
[DOLAN.]
Does the defense wish to cross? No, Your Honor.
Brenton's injuries were consistent with impact from an SUV weighing approximately 4,100 pounds, traveling at no less than 60 miles per hour.
Does the 2014 Ford Escape registered to Marie Jablonski, Officer Peter Jablonski's wife, match the vehicle that hit Brenton? Yes.
And is the match, and make, and model the only thing that links the Jablonski's car to the accident? [MAN.]
No, we recovered paint chips from the victim's hair.
We conducted a type match analysis and confirmed it was OF4D92, Yale Blue.
What color was the defendant's car, according to purchase records? OF4D92, Yale Blue.
[SAM.]
Your Honor, objection.
This is all speculation.
[DOLAN.]
I'll allow Ms.
Harper to continue her line of questioning.
Now, an SUV driver sits high above the undercarriage.
Is it possible Officer Jablonski hit Brenton without realizing that he was a human being? [MAN.]
Brenton was moving perpendicular to the defendant's direction of motion.
And on a bike, the driver should have had a clear profile of the victim.
If I were Brenton, the driver would've seen me cross his field of vision, like this, as he hit me with his car.
- Is that a fair assessment? - It is.
So Officer Jablonski had every reason to stop after impact and no reason to doubt that he hit a young black boy.
None whatsoever.
- No further questions, Your Honor.
- [BABY COOS.]
Is it unusual such a small amount of paint was recovered from Brenton's body - and none was found on the bike? - Not really.
Since Brenton was washed in the ER, we were lucky to recover anything.
As for the bike, you might expect to see more paint, but that depends on where the car made impact.
Hmm.
But absent finding the car that hit Brenton, you can't definitively link any vehicle to Brenton's death? No, not definitively.
However, the paint is a match for the factory job on the defendant's car.
That's as good a match as you'll get.
Mmm.
Your Honor, I'm trying to understand this moment of impact.
I'd like to use Exhibit S-8 for demonstrative purposes.
I'll allow it.
[SAM.]
You said that Brenton crossed perpendicular to the driver's line of sight.
Are you confident in that assessment? Yes, I am.
So imagining that you're the driver, this is approximately what you would see through the windshield? That's correct.
[SAM.]
If you recall, the surgeon testified that Brenton's hood was cinched tightly around his face.
She had to cut it off.
Can you tell the race of the rider now? I can't see his face.
[LOW MURMURS.]
I'd like the members of the jury to imagine that they are the driver.
Can you see this person's face? And remember, your line of vision is not obstructed by a windshield, or the falling snow, and you're not going 60 miles an hour.
[LOW MURMURS CONTINUE.]
How can an accident be a hate crime if you can't tell the race of the victim? My client did not hit this young man, but regardless, whoever did did not commit a hate crime.
No further questions, Your Honor.
Ms.
Harper.
Redirect? Given this witness's testimony, I move to vacate the hate crime charges against my client.
[OVERLAPPING ANGRY SHOUTS.]
[SCATTERED APPLAUSE.]
[DOLAN.]
Order in the court! [POUNDING GAVEL.]
Order!